DIY divorce: common pitfalls and how early advice can protect you

While the system appears simple, it does not remove the legal and financial consequences that come with ending a marriage or civil partnership. Not seeking independent legal advice from a qualified and regulated professional can have serious and far-reaching financial and legal consequences.

Below are some of the most common pitfalls and why early support can make a difference.

Complexity still exists

While HM Courts & Tribunals Service has worked to simplify the divorce process, they still contain legal terminology that can confuse those without legal expertise. For example, you need to confirm that the court has jurisdiction based on where you or your former partner live or are normally settled. Incomplete or inaccurate information may be rejected, prolonging the divorce process, or need to be corrected at an additional cost.

Financial issues may remain unresolvedA divorce only ends the legal relationship. It doesn't automatically resolve or dismiss financial claims; and a spouse’s financial claims can remain open even after the divorce is granted. Failing to resolve these financial matters can lead to unexpected and potentially costly claims from an ex-spouse in the future.

There are several common pitfalls in this area:

1. Failure to indicate financial claims on the divorce petition

If you fail to indicate your intention to apply for financial orders when completing the divorce petition, you may lose the ability to pursue financial claims later on.

2. Unresolved financial claims

Even if you state your intention to pursue financial orders, the divorce process itself does not address your financial claims. Unless a separate application is made and/or a consent order is obtained, the financial ties between spouses remain open and unresolved.

3. Agreeing to a ‘clean break’ without proper financial disclosure

Many online divorce services offer ‘clean break’ financial orders at a low cost, where both parties agree not to pursue financial claims against each other. However, without full financial disclosure, this can be a risky move. You might believe you know your ex-spouse's financial situation, only to discover later that important assets or incomes were not considered. A clean break may not provide a fair division of assets especially where the full financial picture has not been assessed and considered.

4. Incorrect drafting of consent orders

Consent orders, which legally finalise financial settlements, must be carefully drafted. If a consent order is not worded correctly, it can result in unresolved financial claims, lead to future disputes, or even render the order unenforceable.

5. Overlooking complex assets, especially pensions

A common mistake in DIY divorces is either ignoring certain assets or treating all assets in the same way. Pensions are particularly problematic; many individuals fail to properly evaluate their pension assets, either ignoring them entirely or misjudging their true value. Two pensions with the same cash equivalent value on paper may offer vastly different benefits in the future. Specialist advice is needed to properly value pensions and ensure they are fairly divided, especially when offsetting them against other assets like the family home.

6. Tax Implications of Financial Settlements

Independent specialist tax advice is also critical. Transferring assets in a divorce may trigger Capital Gains Tax liabilities. Failing to address these implications upfront can lead to unexpected financial burdens for one or both parties later.

Why advice matters

While the ease and affordability of online divorce services may seem tempting, especially for those seeking an amicable and quick resolution, the risks involved in not seeking independent legal advice are significant.

Taking the time to consult with a qualified legal professional ensures that your rights are protected, your financial future is secure, and your divorce is truly final, with no surprises down the line.

Moving forward

If you are considering managing your own divorce, it is worth understanding what is at stake. A short conversation with a family lawyer can protect your position, even if the process remains amicable.

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Explore our Fixed Fee Divorce service, or contact our Family Team to explore starting the divorce process.