DIY Divorce

• Published date: 11 August 2023
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Ellisons Legal
• Author: Lisa Dawson

What is a DIY divorce?

Individuals have always been able to act in person in respect of applying for and responding to a divorce. However the introduction of 'no fault' divorce has made it more attractive to act in person (DIY divorce) as it is, on the face of it at least, less complicated.

Have you noticed more couples opting for DIY divorce since the cost of living crisis?

The combination of the introduction of No Fault divorce and the cost of living crisis has I suspect caused an increase in more DIY divorce without obtaining legal advice alongside the divorce process.

How has the cost of living crisis changed divorce in general?

In financial times such as the present, finality for couples separating is sometimes difficult to achieve. It is now more likely that couples will remain living in the same house as they can't afford to pay the outgoings on two properties, this can be extremely stressful for both parties and indeed any children of the family. It will mean that implementation of any agreement is very likely to be delayed because the family home isn't selling. This means they are all stuck in the same house together even though they have agreed a sale and a division of sale proceeds.

Pros of DIY divorce?

We will often advise people to do the divorce side of matters on a DIY basis as it means that save legal fees. In the majority of cases it is straight forward and it is better to utilise funds for legal fees on the finances and children. We still get instructions to act on applications for divorce to ensure a smooth process, and on the basis that they are handing over the process to someone else rather than having to deal with it directly themselves. BUT, and it's a big BUT, get legal advice prior to filing your divorce application with the court, or on receipt of a sealed divorce application so you know the consequences of the divorce proceeding particularly proceeding. The applicant can't file for the final order in the divorce for around 26-30 weeks from issue of the divorce application, so there is time to instruct a solicitor and get advice on what else you need to do to effect a final agreement between you.

Is the rise in DIY divorces a problem? What are the cons involved with DIY divorce?

The main issue with DIY divorces is that people think that getting the final order (what was the decree absolute) in the divorce means that's it. Many presume that a divorce means that the ex-spouse can't...