Last updated on December 8th, 2021 at 01:17 pm

There is no doubt a place for DIY divorce: sometimes it is very straightforward when there are no assets and everything is amicable.  Unfortunately, these cases are very few and far between and there is, more often than not, some problem.

Expert family solicitor v DIY divorce

An expert family solicitor can help you decide what course of action is best for you, relieving you of the burden of making those difficult decisions yourself. Using a solicitor, who can guide you through the complexities of family law, can also work out a lot less expensive than attempting to do it yourself and making mistakes.  Getting it wrong in the first instance can lead to a much longer and more emotionally challenging process as well as costing more than it would if you had sought legal advice at the beginning.

DIY divorce pitfalls

Here are some of the questions that people have asked when they have gone down the DIY divorce route and encountered problems:

Q. I did my own divorce and I re-married. I did not tick all of those boxes on the back page of the petition and I now want to make a claim on my former spouse’s pension.  What can I do?

A. You have fallen into the “remarriage trap”.  By not setting out your claims in the petition, or issuing an application for financial remedy, you have forfeited your entitlement to claim against any assets that are not jointly owned between you and your former spouse.

Q. I filled in my own divorce paperwork but the court is not satisfied with the information I have given. What should I do?

A. This is a common problem. The law around divorce can be complex and, whilst the divorce petition looks fairly straightforward, if insufficient information is given or incorrect boxes ticked, this can lead to the court refusing to allow your divorce to proceed.  You may need to provide more information or amend your divorce petition, which causes delay and usually requires payment of another court fee (subject to income levels).  Whilst mistakes can happen, it’s much better to get it right the first time.

Q. I completed my own divorce, now my ex wants to pursue me for my assets. Surely he/she can’t as we’re divorced?

A. Unless financial claims are dismissed with a clean break (or the other party has fallen into the “remarriage trap”), claims remain open, which means your ex can claim in 5 months, 5 years or 15 years, as there is no time limit.

Q. I have filled in the divorce papers and sent them to court. I thought that was it and I would be divorced in a few weeks.  I don’t understand the next steps or the forms.

A. Even a straightforward divorce takes approximately 6 months to complete. There is no such thing as a “quick divorce” in the UK, although the media often likes to suggest otherwise.  There is a 4-step process to dissolving the marriage; filing the divorce petition, filing the acknowledgment, applying for the decree nisi and applying for the decree absolute.   This process is entirely separate from any issues regarding children and/or finances.   Each stage involves its own paperwork which needs completing carefully with the right information to avoid the risk of rejection by the court.

Bradie Pell

Graysons’ divorce experts reduce the cost and stress of divorce

An expert family solicitor knows how to complete the court documentation accurately so that these sort of DIY divorce pitfalls are avoided.  Here at Graysons we deal with these processes on a daily basis, helping to ensure a speedy and accurate service and helping your divorce to progress smoothly.

All of the family solicitors at Graysons appreciate how difficult and stressful a divorce can be and will give you sound advice about your rights, responsibilities and options to help you identify the right course of action for you.

We offer various payment options, including a fixed cost divorce.  Taking our advice can ultimately lead to a less costly – and less stressful – divorce than taking the DIY divorce route.

Contact us now to make an appointment for a fixed-fee first consultation as a new client.

By Bradie Pell, divorce solicitor