DIY Divorce: The Hidden Risks of Going It Alone Without a Divorce Solicitor

With rising legal costs, increasing pressure on the family court system, and the growth of online divorce services, more people are choosing to go through divorce proceedings without a solicitor. While this may seem like a cost-effective route, DIY divorce carries hidden dangers that can affect your finances, family relationships, and future.

In this article, we’ll explore why more people are representing themselves in family law cases and highlight the risks of not instructing an experienced divorce solicitor.

The Rise of Litigants in Person

Several factors have contributed to the increase in the number of divorcing couples choosing to represent themselves in family court proceedings:

1. Legal Aid Cuts

One of the key drivers behind the rise in LIPs is the 2013 cuts to legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO). Prior to these cuts, many divorcing parties could access legal aid to help cover the costs of legal advice and representation. However, in most family law matters, including divorce and child arrangements, legal aid is now only available in limited circumstances, such as cases involving domestic abuse.

With fewer people eligible for legal aid, many individuals find themselves having to pay for legal representation out of their own pocket, which can be prohibitively expensive. As a result, more people are choosing to go it alone.

2. Online Divorce Services

The introduction of the online divorce system in England and Wales in 2021 has made it easier for individuals to apply for divorce without seeking professional advice. The online platform allows users to complete forms and submit their divorce applications without the need for a solicitor. While the system is designed to be user-friendly, it still requires a degree of understanding of the legal process and the complexities involved in divorce settlements.

For those with basic knowledge of the divorce process, this ease of access can be tempting, leading them to assume they can handle the process themselves. However, without proper legal knowledge, this can be a risky move.

It is of course always advisable to obtain legal advice.

3. Financial Pressure and Changing Attitudes

With the cost of living continuing to rise, many people simply cannot afford the fees associated with hiring a solicitor. In addition, there is a growing trend towards “self-help” in many areas of life, with people increasingly relying on online resources and guides to solve problems on their own. This DIY culture has spilled over into the legal world, where many individuals now believe they can handle their divorce without professional assistance.

The Risks of Representing Yourself in Divorce Proceedings

While representing oneself in a divorce may seem like a practical solution, it comes with several risks. Divorce law is complex, and there are many pitfalls that can lead to costly mistakes and long-term consequences. Below are some of the key risks involved in DIY divorces.

1. Lack of Legal Knowledge Can Lead to Mistakes

Marital breakdown involves much more than simply filing paperwork. It can involve complex issues such as asset division, child arrangements, and spousal maintenance. Litigants in person often lack the necessary knowledge of legal terminology, court procedures, and the nuances of family law, which can lead to errors in the completion of forms or misunderstandings about their rights and obligations.

Only dealing with the Divorce and not resolving the matrimonial finances is a common issue now arising as people deal with the Divorce online in isolation and, in the absence of legal advice.

2. Difficulty in Negotiating Settlements

Marital breakdown involves negotiations, especially if there are disputes over finances or children. Without the support of a solicitor, many people find it difficult to negotiate effectively with their spouse or their spouse’s legal representative. Litigants in person may lack the skills and strategies needed to engage in productive negotiations, potentially leading to unfair or imbalanced agreements.

For example, one party may feel pressured to settle quickly without fully understanding the financial consequences, which could lead to a settlement that is not ultimately in their best interests.

3. Court Delays and Procedural Mistakes

Navigating the court system without legal representation can be time-consuming and frustrating. Litigants in person may miss deadlines, fail to submit required documents, or make mistakes in the paperwork, all of which can lead to delays in the divorce process. Court staff cannot provide legal advice, so individuals may find themselves at a disadvantage when trying to move their case forward.

Additionally, without legal experience, those representing themselves may struggle to understand how to present their case to the court. Information available online can be misleading and confusing.

Mistakes can result in cost orders being made against you by the Court.

4. Unfair Outcomes Without Legal Guidance

Divorce settlements often require balancing complex financial issues and of course, there are emotional considerations. Litigants in person may not be fully aware of their entitlements or the full range of options available to them. For example, they might not understand the importance of a “clean break” financial order, which could affect their long-term financial security. Without legal advice, they might accept a settlement that leaves them financially vulnerable or without a fair share of marital assets. Of course, reaching an agreement that is not approved by the Court and incorporated into a financial order is not in anyone’s interests.

In cases involving children, parents may also struggle to establish fair and workable child arrangements without the help of a solicitor or mediator. Making decisions that aren’t in the best interests of the children could have long-term repercussions for a family.

Why You Should Instruct a Divorce Solicitor

Hiring a specialist divorce solicitor ensures you receive tailored legal advice, especially when dealing with complex matters like:

• Division of assets and pensions
• Child arrangements and parental responsibility
• Spousal maintenance and clean break orders

A solicitor can also help you avoid common pitfalls that may delay your case or lead to an unfair outcome.

Is DIY Divorce Worth the Risk?

While navigating a divorce without legal representation might appear to save money upfront, the long-term emotional, financial, and legal risks can far outweigh the initial cost.

For peace of mind and to secure a fair outcome, it is always advisable to consult an experienced family law solicitor before proceeding. At Browell Smith & Co. Solicitors, our Family Law Team is here to guide you through every step of your divorce, from child arrangements to financial settlements.

Contact us today for professional, compassionate legal support on 0191 691 3418 or request a callback.

Holiday Nightmares – How to avoid them (Updated 2025)

With the summer holidays fast approaching, many families are planning well-earned breaks abroad or within the UK. While holidays are meant to be relaxing and fun, they can also bring unexpected complications, especially for separated parents or those travelling without clear legal arrangements in place.

Whether you’re taking children away or just making sure everything is in order before you travel, there are a few important legal things to consider that could save you a great deal of stress later on. From getting permission to travel with your child to ensuring your will is up to date, here are some key steps to take before you go.

Can one parent take a child abroad without other parents’ permission?

It is important of course to remember that, if you are a separated parent, you must seek the permission of the other parent with parental responsibility before taking your children abroad. This is true unless you have an order from the Court, which grants you this permission.

We would advise you to seek permission from the other parent sooner rather than later and have their consent in written format in order to avoid any issues if possible.

It is a common misconception that you cannot abduct your own children. If you leave the country without the consent of the other Parent then that is exactly what you are doing and is a criminal offence.

We strongly advise that once permission is obtained, then as a matter of courtesy details in respect of the length of the holiday, flight details and where the children will be staying during their holiday, are shared with the other parent to include emergency contact details.

If permission is refused, then an application to the Court may be necessary.

Have You Thought About Your Will?

While planning a holiday is an exciting time, it’s also a good opportunity to think about important legal matters such as your will. Nobody likes to consider the worst-case scenario, but having a will in place ensures that your wishes are respected and your loved ones are protected, especially if you’re travelling abroad.

Creating or updating a will before your trip can:

• Ensure your children are cared for by the person you choose, especially if you’re a single or separated parent.
• Protect your partner, especially if you’re not married or in a civil partnership.
• Provide clarity and comfort for your family during a difficult time.
• Avoid unnecessary stress, delays, or disputes over your estate.

Think of it as peace of mind not just for you, but for those you care about most.

Speak to our Expert Solicitors

If you need advice and assistance with child arrangements, obtaining travel consent, or making a will, please do not hesitate to contact our experienced team at Browell Smith & Co Solicitors. Our experts will listen to you, explain your options, and work with you toward the best possible outcome for you and your family.

Defined Benefits vs Defined Contribution Pensions: Key Differences and the Role of Actuaries in Financial Remedy Proceedings

When it comes to pensions, especially in the context of financial remedy proceedings in England, understanding the distinctions between Defined Benefit (DB) and Defined Contribution (DC) pensions is essential. Each type operates differently in terms of how retirement benefits are calculated, how they grow over time, and how they are valued for divorce or dissolution settlements. Additionally, the need for expert actuarial advice becomes crucial in these cases to ensure that pensions are correctly valued and shared.

What are Defined Benefit (DB) Pensions?

Defined Benefit pensions, also known as final salary pensions or career average pensions, promise a set income for life upon retirement. This income is typically calculated based on:

• The employee’s length of service,
• Their final salary (or average salary over their career), and
• The accrual rate, which determines how much pension is earned for each year of service.

Key characteristics include:

• Guarantee of Income: The employee knows in advance what their retirement income will be. This is a key difference from DC pensions.
• Employer Responsibility: The employer bears the investment risk and is responsible for ensuring that the pension is paid, regardless of investment performance.
• Cost-of-Living Adjustments: Many DB pensions are inflation-linked, meaning the benefits may increase to match rises in the cost of living

What are Defined Contribution (DC) Pensions?

Defined Contribution pensions, by contrast, work more like a personal savings account:

• Employee and Employer Contributions: Both the employee and the employer contribute to the pension pot. The value of the pension at retirement depends on the amount contributed and the investment performance.
• Investment Risk: The employee bears the risk of poor investment returns. The final pension amount is unknown until retirement.
• Flexibility: At retirement, the pension pot can be accessed in various ways, including as a lump sum, an annuity, or through income drawdown.
• Unlike DB pensions, DC pensions do not promise a fixed retirement income. The amount an individual receives depends on investment performance and decisions made upon retirement.

When a couple divorces, pensions are often one of the most valuable assets, sometimes even more significant than the family home. In England, during financial remedy proceedings, the valuation and division of pensions is a critical issue. Here’s where the role of an actuary comes into play.

 1. Complexity of Pension Valuation

The valuation of a pension is not always straightforward, especially with DB pensions. The cash equivalent transfer value (CETV), which is provided by the pension scheme, may not accurately reflect the true worth of a DB pension. This is because the CETV often undervalues the income security, inflation protection, and longevity benefits associated with DB pensions. Actuaries use specialised methods to estimate the pension’s actual value for fair division between the parties.

 2. Equalising Pension Benefits

In divorce proceedings, the goal is often to achieve fairness, which might mean equalising pension income between both parties upon retirement. This can be tricky since DB and DC pensions function so differently. An actuary is crucial in calculating how much of a DB pension should be transferred to the non-pension-holding spouse to ensure parity.

 3. Pension Sharing Orders

A Pension Sharing Order allows one spouse to transfer part of their pension to the other. The amount to be shared is based on a percentage of the pension value. An actuary provides the court with expert advice on how to split the pension pot fairly, considering both the current value and projected future income. This is particularly important in cases where one party holds a DB pension, as it ensures the non-pension holder receives a fair share.

 4. Offsetting

In some cases, the pension might not be split directly. Instead, offsetting is used, where one spouse retains their pension in exchange for giving up other assets (such as property or savings). Actuaries calculate the appropriate offset value to ensure the division remains equitable. For example, a CETV might not be sufficient to offset the value of a DB pension due to its long-term security and income guarantees.

The Importance of Actuarial Valuation in Divorce Pension Settlements

In financial remedy proceedings, the importance of correctly valuing pensions, particularly Defined Benefit schemes, cannot be overstated. DB pensions, with their guaranteed income and security, are more complex and often more valuable than DC pensions. For this reason, instructing an actuary is essential in ensuring fair settlements, whether through pension sharing or offsetting.

Actuaries bring the technical expertise necessary to navigate the intricate valuation and division of pensions, ensuring that both parties are treated equitably in one of the most significant aspects of their financial future. Without this specialist input, there’s a real risk of unfair outcomes, which could affect either party’s retirement security.

For anyone going through a divorce or dissolution, seeking legal advice early on and understanding the critical role of actuaries in pension-related decisions is vital to protecting your financial interests.

If you require advice and assistance in respect of pensions on divorce or matrimonial finances generally then please do not hesitate to get in touch with the Family Law Team here at Browell Smith and Co.