DIY Divorces – What’s the Catch?

DIY divorces are becoming increasingly popular. This is partly because the process has been simplified following the introduction of No-Fault divorces in April 2022.

Another reason why DIY divorces are becoming popular is because of the cost-of-living crisis and couples wanting to try and save money by working things out on their own.

However, I am going to consider whether the immediacy of saving money in the short-term ‘trumps’ that of the sensibility of divorcing couples when looking to the future…

The Myths of Divorce- Final Orders

It is a common misconception once a divorce has been finalised by obtaining a final order, they are also no longer financial tied to one another and that therefore neither party can make any further financial claims against the other. This is not correct.

To cut all financial ties, a Financial Remedy Order needs to be made to make any agreement reached legally binding. Until this is done, the couple are not legally financially separated.

That being said, it is important to note that if an agreement is reached and the court feels that an agreement benefits one party over the other, or there may be a potential issue in the future, then the court may want to deal with this before granting such an order to avoid further litigation.

It is also important that the parties understand what they may be legally entitled to as orders made by the Court concerning finances are often needs based and are not necessarily based on the contribution of each party to the marriage.

This does not mean that you need a Solicitor to support you throughout the entire divorce process. I suggest it is beneficial for one or both parties to seek initial legal advice to gain a better understanding as to the procedures, the application process and the law. This will give clarity as to what the starting position is and what factors the court will take into consideration. In turn, this will likely make the process smoother and potentially cheaper in the long-run!

A Solicitor will also be able to provide you with specific advice, dependent on your own personal circumstances because matters concerning finances are not a one glove fits all situation!

How Can Timms Help?

If you would like some further information, please do not hesitate to contact me at l.watson@timms-law.com or the Private Family Law Team on 01332 364436.