Resolution Good Divorce Week 2025

This week is Good Divorce Week – a time to spotlight the need for better support for families going through separation.

Right now, our family courts are overwhelmed. Delays are severe, resources are stretched, and families are often left in limbo during one of the most difficult times of their lives.

As Resolution members, Our Family Law Team believe it doesn’t have to be this way.

There is a ‘better way’

Divorce is never easy. There is a stereotype and stigma attached to it, and unless you’ve been through it yourself, your only experience may be through sensationalist TV dramas or films; or reading about the high-profile, multi-million pound cases in the news.

Perhaps understandably, many see divorce as highly acrimonious, riddled with conflict and bitterness, with a devastating impact on children. But for many, the reality is very different. The truth is, court should be a last resort. There are alternative paths that can be less stressful, more affordable, and far less damaging – especially for children.

For some couples, litigation may well be the only way for them to resolve their dispute, but far too many families going through separation end up in avoidable and acrimonious court proceedings. It doesn’t have to be like this – there is a ‘better way’.

Guided by a Code that puts families first

Resolution, an organisation made up of more than 6,500 family justice professionals, has members who are supporting people every day to find a better way.

What sets Resolution members apart is our commitment to a Code of Practice, to support clients to resolve matters as constructively – and with as little conflict – as possible, keeping the best interests of children at the heart.

Resolution’s Code of Practice sets out the principles of a non-confrontational approach to family matters, supporting our ethos and guiding how we work.

Where it’s possible to do so, we seek to resolve problems outside of court, through a range of options, helping couples take more control over the process and enabling them to move on with their lives more quickly than through the courts.

The Code isn’t just a set of ideals – it’s a practical, everyday guide for how we work with our peers, colleagues and our clients:

• We avoid inflammatory language
• We support and encourage families to put the best interests of children first
• We act with honesty, integrity and objectivity
• We help clients consider the long-term emotional and financial impact of their decisions
• We promote communication and collaboration wherever possible
• We use experience and knowledge to guide clients through the options available to them

Supporting Good Divorce Week

Good Divorce Week is about raising awareness of this approach – one that puts children first, reduces conflict, and encourages solutions that work for everyone involved.

As Resolution members, we are proud to be part of a community that champions these values and advocates for change in our family justice system. Every family deserves the chance to find a better way through separation – one that’s constructive, compassionate, and fair.

If you’re facing a separation or want to learn more about your options, at Browells, we’re here to help you take that first step.

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.