Divorce is not just a personal milestone it’s a legal process governed by family law. One of the first decisions separating couples must make is whether to pursue a DIY divorce or seek the guidance of a family solicitor. While both options are legally available, the right choice often depends on the complexity of the case and the long-term implications.
A DIY Divorce
Under UK family law, couples can apply for divorce online through the HMCTS digital service, especially since the introduction of no-fault divorce in April 2022. This has simplified the legal process in many cases.
Advantages:
- Lower cost: No solicitor fees make this option appealing to those on a budget.
- Accessibility: The online platform is user-friendly for straightforward, uncontested divorces.
Disadvantages:
- Financial risks: While the divorce itself may seem simple, resolving financial matters such as pensions, property, and spousal maintenance requires separate legal steps. Without a Financial Remedy Order, future claims remain open.
- Child arrangements: Parenting agreements made informally aren’t always enforceable. A solicitor can help formalise these in line with the Children Act 1989.
A DIY Divorce could be better for couples with no children or financial entanglements, and who agree on all terms.
Hiring a Family Law Solicitor
Family law solicitors are trained to handle the full scope of legal issues arising from relationship breakdowns. They can guide you through the divorce process and help negotiate or litigate financial and child arrangements.
Advantages:
- Legal clarity: A solicitor ensures your rights are protected under family law, including the fair division of matrimonial assets under Section 25 of the Matrimonial Causes Act 1973.
- Child-focused approach: Professionals consider the welfare of children as the court would under the ‘welfare checklist’.
- Long-term security: Proper legal documentation (e.g. Consent Orders) can prevent future financial disputes.
Disadvantages:
- Cost: Legal fees
It is always best to consult a solicitor with cases involving children, joint property, pensions, businesses, or any disagreement on the terms of separation.
Conclusion
DIY divorce is legally possible and increasingly common for amicable, uncomplicated separations. But family law is nuanced, especially when it comes to money, children, and future claims. Consulting a family solicitor, even briefly, can provide clarity and protection during a life-changing transition.
For many, a blended approach works best using the DIY system for the divorce itself, while instructing a solicitor to handle the financial settlement or child arrangements.
Further Information
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC for a free initial 30-minute consultation.
Email: mbrar@jpclaw.co.uk
Tel: 07787 411255
