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.