DIY – Saving Now, Paying Later? Divorce edition

Sophie Holt is a paralegal, in our latest blog, she considers whether or not cutting the cost on your divorce is worthwhile.

With the divorce application now predominantly being online, it is no surprise that some people opt from handling their own divorce rather than appointing a solicitor. But like all legal processes, divorces are rarely straight forward and there are many issues that should not be overlooked.

Mistakes can be expensive! 
Divorce law has rules procedures and very strict deadlines. If these are not adhered to, it is likely that your application will be rejected. Forgetting key documents such as financial information, marriage documentation and filing incorrect documents often proves more costly than obtaining advice in the first place. 

You do not automatically receive a financial order
One of the biggest misconceptions and shock to clients is that even upon receipt of the final divorce order, you are not financially separated from your former spouse. Even if you have amicably agreed on who gets what, without a legally binding order approved by the Courts, your ex could still make financial claims against you in the future, including claims on your pension, property or future lottery winnings if you were to be so lucky! 

Do you really know how much you are entitled to?
Without proper expert advice, a proposed settlement may seem fair but may not account for your long-term needs or rights. For example, have pensions been considered? What happens to the house? Is spousal maintenance appropriate? How are any debts to be separated? 

A solicitor ensures that you understand your full entitlement under the law and assists you in negotiating on your behalf to ensure that your financial future is fully protected. 

Arrangements for the children alongside the divorce 
Key decisions for the children such as where they live, how often they see each parent etc. are often negotiated alongside the divorce process. These are important decisions that need to be made with careful thought and legal clarity. If this is not dealt with properly, this can lead to disputes further down the line and often results in expensive Court battles. 

Even if you are on good terms now, it is important for boundaries to be set that put the best interests of the children first, avoiding any issues further down the line. 

Divorce can often be a very emotional time, and many people can make decisions based on feelings of guilt, anger or simple desire to move on. But those rushed decisions have long term financial and legal consequences that cannot be overlooked. 

A solicitor provides a clear and levelheaded perspective in a time where a voice of clarity is needed. Opting to progress the divorce yourself may seem like the easiest option, but when it comes to protecting your finances, children and your future, legal advice is essential. 

Do you need expert advice on a family matter? Contact our family department on 01706 525053 / 01706 818111 or email familylaw@lancslaw.co.uk

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