DIY Divorce and the pitfalls you need to know

A year has now passed since the Divorce, Dissolution and Separation Act came into force in April 2022. This removed the need for couples to assign blame for the breakdown of their marriage and allowed either party to apply to the Court for an order that the marriage had broken down irretrievably.

These reforms have largely been welcomed and it is now much more straightforward for parties to make their applications online. The system largely works well and there is an option for parties to make joint applications. 

However, there are risks and lawyers are concerned that couples are embarking on a “DIY divorce” without taking proper professional legal advice. It is a concern that many people are doing so without considering their financial position and how that can leave one, or both, parties unprotected. There is a worry that people are not aware of their financial claims and that people may be ignorant of the financial rights they may have.

For example, do you know that you or your spouse may have claims against each other’s pensions? These pension schemes can be extremely valuable, often valued more highly than the other assets. It is vital that you take legal advice at the outset of considering the divorce process, to ensure that you know what your rights are and what claims you or your spouse has, and how to discuss those and reach an agreement. 

The online divorce application does not automatically deal with financial claims. Sorting out these claims requires you to have expert advice and knowledge on where to go once you have started the divorce process. 

We at DPM Legal can help you look at your options and decide how best to resolve these issues. Our approach is not to rush into a Court process, this is a last resort. We will look at all options for you to decide how to split your assets. We can work with you and other experts to achieve an outcome that works for you and your family.

Although every effort has been made to ensure that the information provided in this article is accurate and correct, the information provided does not constitute any form of advice.