The New Year is often the time when those who have already separated or are thinking of separating, consider divorce. At first glance, no-fault divorce appears to be a simple process – complete the application, the other party responds, apply for a conditional order (previously decree nisi) after 20 weeks and then, if that all succeeds, you can apply for a final order (previously decree absolute) six weeks later – the end.

Or is it?  It seems straightforward, but what if it goes wrong?  Who sorts it out, at what cost and where can you get help?

Bradie Pell, partner and head of Graysons’ family team says:

“There’s no doubt that DIY divorce has its place.  When there are no assets or children and everything is amicable, it can be straightforward.  Unfortunately, even under the new system, these cases are few and far between.  More often than not, there are issues to resolve – the other person doesn’t cooperate, there are children or assets to divide, or you need a clean break so that neither party can pursue the other in the future. These issues are not automatically resolved within the no-fault divorce process.”

An experienced family solicitor can help with these issues and, sometimes, it can be quicker and a lot less expensive, both financially and emotionally, than trying to do it yourself and getting it wrong.

Bradie answers questions about some of the common pitfalls for DIY divorce.

Question

I did my own divorce and I re-married. I didn’t tick the box on the divorce application saying I wanted the court to make a financial order.  I now want to make a claim against my former spouse’s assets.  What can I do?

Answer

You have fallen into the “remarriage trap”. By not setting out your claims or issuing an application for financial remedy before you re-married you may have forfeited your claims to any assets that are not jointly owned between you and your former spouse.  You’ll need to seek urgent legal advice.

Question

When my spouse and I separated, we agreed a financial settlement but didn’t have it formalised. My former spouse now wants more.  Can they do that?

Answer

Yes. If you haven’t entered into a clean break consent order that has been approved by a court, it’s likely that all financial claims between you and your spouse remain open, so technically, they can pursue a further settlement.  You need legal advice on the prospects of success.  It’s important to formally address financial claims alongside any divorce or separation to try to avoid this.  An informal agreement is not legally binding.

Question

I have completed my own divorce; my ex wants to pursue me for my assets. They can’t as we are divorced.

Answer

Incorrect. Unless financial claims are dismissed with a clean break (which is not automatic in divorce) that is endorsed by the court, or the other party has fallen into the “remarriage trap”, claims remain open. This means that either spouse can make a claim and there is no time limit.  You should take advice on this, even if there are no assets of the marriage.

Question

I have completed the divorce application and sent it to court. I thought I would be divorced in a few weeks.  I don’t understand the next steps or the forms.

Answer

Even a straightforward divorce will take a minimum of 26 weeks in England and Wales – and this does not include issues regarding finances or children. Each stage has its own process that needs completing carefully and accurately so that the chance of the application being rejected is minimised.

Paying for the expertise of an experienced family solicitor, who deals with these issues daily, can reduce the risk of encountering these pitfalls and take the burden away from you.

All of the family solicitors at Graysons appreciate how difficult the divorce process can be and will advise you on the right course of action for your individual case.

To make an appointment, please contact us now.

Author: Bradie Pell