Divorcing too soon – A danger of DIY divorce
Written by Shelley De’Worringham
1st August 2024
DIY divorces, where a solicitor isn’t involved in the proceedings, are possible and many couples attempt this route to legal separation every year.
However, the divorce procedure has many potential pitfalls throughout and, if not handled by someone experienced, can result in failed divorces that keep the couple married for longer than they may like.
This issue was recently brought to light by a fault in the online system that processes divorces, resulting in a number of divorces being re-reviewed by the Court.
Recent news highlights the dangers of DIY divorces
You may have seen in the news recently that a fault in the digital divorce system allowed 67 people to apply for divorces earlier than legally permitted.
This is a major problem because the Matrimonial Causes Act 1973 prohibits divorce applications before one year of marriage.
The digital divorce service, introduced in 2019, had a validation function to prevent early applications.
However, with a new law change (the Divorce, Dissolution and Separation Act 2020), the system needed updating.
This new system went live on 6 April 2022 but, due to a technical error, it allowed applications after one year instead of one year and one day.
Although the error was quickly fixed, this sheds light on the dangers of DIY divorces and couples divorcing without the requisite information needed to make sound legal moves.
Why is this relevant to DIY divorces?
When you get divorced using a solicitor, they have all the required experience, legal training and qualifications to make sound judgements based on your specific circumstances.
Whether this is assisting you in the actual process of divorce, or in advising you on your rights and responsibilities, a solicitor prevents mistakes from being made and potential issues from coming to fruition.
However, when a couple attempts a DIY divorce, they do not always have access to this vital information.
They are, therefore, operating with scant, potentially misinterpreted or miscommunicated information from a range of sources that can lead to their divorce application being rejected.
This is almost certainly the case for many of the 67 couples who are now wondering if they are actually legally separated from their ex-partner.
The pitfalls in DIY divorces
One of the significant risks in DIY divorces is the potential for procedural errors.
The recent fault in the digital divorce system illustrates how easily mistakes can occur when couples do not have help from a solicitor.
Without the oversight of a legal professional, you might unknowingly submit applications that do not comply with legal requirements, leading to delays and additional costs.
Another common issue is the lack of comprehensive understanding of legal terminology and processes.
Legal documents are often complex, and misinterpretation can result in agreements that are not legally enforceable or fair to either party.
This can leave you vulnerable, incorrectly reimbursed and potentially prolong the already long divorce process.
Solicitors don’t just act as objective advisors – although this is a key part of their role – they also help clients navigate the emotional turmoil that often accompanies divorce.
They can provide support and ensure that decisions are made rationally and not driven by emotional distress.
Without this support, you or your spouse may make hasty decisions that are not in your best interest in the long term.
When children are involved in the divorce process, solicitors also ensure that all parties act in the interest of what’s best for the child – a moral and legal imperative in the eyes of the Court.
The role of a solicitor in the divorce process
It’s important that each party gets independent advice from separate legal professionals to provide a balanced and nuanced view of the divorce process.
Solicitors are trained to navigate the complexities of divorce law, ensuring that all legal requirements are met.
They can identify potential issues that someone untrained in law might overlook.
For instance, understanding the implications of the Matrimonial Causes Act 1973 and the Divorce, Dissolution and Separation Act 2020 is a crucial part of a solicitor’s role.
These legislations are vital in ensuring that divorce applications are correctly timed and filed – something that those 67 couples would have known, had they been properly advised by a legal professional.
On top of this, solicitors also provide essential guidance on the division of assets, custody arrangements, and spousal support.
These are critical areas that, if mishandled, can lead to long-term financial and personal repercussions.
In short, as a solicitor, our job is to ensure that divorces are fair, legally binding, and in the best interest of you, our clients, and other vulnerable parties involved, such as children.
For help navigating the divorce process, please reach out to the Family Department and we’ll be happy to assist you.
Shelley De’Worringham
Shelley leads the Family Department, ensuring that we deliver the very best service to our clients with clear advice, strategic planning, empathy and understanding.
Experience
Shelley joined Alsters Kelley in October 2022, bringing with her a wealth of experience gained across the UK.
Shelley is regularly instructed by high profile clients to include High Net-Worth Individuals, Celebrities and Senior Professionals. Shelley has a wealth of experience in dealing with cases concerning public sector pensions such as Military, Police, NHS, Government etc, as well as cases involving alleged hidden assets, complex trusts and taxation issues.
