What’s wrong with a DIY divorce?

When you hear the words “divorce” and “solicitor”, it’s common for terms like “expense” and “conflict” to spring to mind. It’s no surprise that couples often consider a Do-it-Yourself (DIY) divorce before exploring other options. Whilst a DIY divorce might appear cost-effective on the surface, it does carry risk and there can be serious consequences when couples don’t take legal advice.

In this blog, we shine a spotlight on DIY divorce and explore the pitfalls and lessons learned by three real-life “DIY divorcees”.

The appeal of DIY divorce

DIY divorce has been popular for many years and is often considered by couples who wish to part ways amicably. There’s no doubt that good communication and a positive mindset are beneficial when getting divorced, especially if children are involved. For many, though, the appeal of a DIY divorce is purely financial. With court fees already a given, avoiding the cost of a solicitor can – at first sight, at least – appear a great way to cut costs.

Since “no-fault divorce” came into effect in 2022, it’s become easier for couples to divorce without involving solicitors. There are countless adverts for ‘quickie DIY divorces’ online, but these unregulated services carry risk.

DIY divorce companies are often not qualified to provide comprehensive legal advice, particularly when it comes to crucial matters like drafting a Consent Order. These companies operate outside the oversight of the Solicitors Regulation Authority (SRA), meaning they do not adhere to the same professional standards and protections as regulated solicitors. While their fees may seem appealingly low, the absence of proper regulation can leave you vulnerable to errors or oversights that could have significant financial and legal consequences.

Many couples mistakenly believe that DIY divorce will be the fastest and most affordable route, only to encounter additional costs, delay and complications further down the line. The UK Watchdog for consumers (The Competition and Markets Authority) has raised concerns around whether online divorce services comply with consumer protection laws.

So, what typically goes wrong with a DIY Divorce …?

1. Consent Orders

It’s a common assumption that after the final order of divorce is granted (the old ‘decree absolute’), an ex-spouse cannot make financial claims in the future. THIS IS FALSE. The only way to achieve a “clean break” after divorce is to submit a separate, signed Consent Order—also known as a “Financial Order”—which confirms the agreement you have reached.

*Mike’s Story

*Mike (56) was married to *Sarah for 15 years when their relationship broke down. They didn’t consult solicitors for their divorce and reached a financial agreement between themselves. Sarah retained the family home and Mike kept the entirety of his pension. He paid maintenance to support their three children and moved out into rental accommodation.

Mike went on to meet and marry *Yvonne. When they’d been married for eight years, Mike was served legal papers by his ex-wife Sarah, who wished to make a claim on his pension. Mike and Yvonne experienced severe financial difficulties due to the claim with its unforeseen legal costs.

Mike explains, “We were blindsided by Sarah’s claim. I didn’t know we needed a Consent Order to achieve a clean break. If I’d taken legal advice, I could have avoided all the expense and upset for our family”.

There are several triggers for financial claims after divorce. If one person faces financial hardship, or if a former spouse comes into wealth – whether through inheritance or a lucky lottery win – the ex-spouse could file a claim, months or even years after the divorce – unless a Consent Order is in place.

It is one of the most critical aspects of a divorce, ensuring that financial arrangements are finalised and legally binding. Drafting a Consent Order is a complex process that requires specialist knowledge of family law. If it is not prepared by a qualified solicitor, you risk leaving loopholes or ambiguities that could lead to future disputes.

Tips:

✓ Use a Family Law Solicitor to guide you through the Consent Order process. They will ensure that your Order takes effect as you intend. By working with a solicitor, you can ensure that your agreement is robust, fair, and provides the long-term financial protection you deserve. It’s a small investment for the peace of mind that your interests are safeguarded.

✓ There could be implications if your Consent Order is made after the Final Order of divorce. It’s advisable to come to a financial agreement earlier on in the process. A Family Law Solicitor would usually recommend that financial matters are agreed and a Consent Order approved by the court before you apply for the Final Order of Divorce. (However, circumstances do vary and individual facts need to be considered in each situation.)

2. Safeguarding your family’s future

One of the risks of a DIY divorce is the lack of understanding around complex financial issues. This can lead to agreements that may appear fair at first but fail to ensure long-term financial security. Additionally, if you have children, going down the DIY Divorce route could mean not giving full and proper consideration to child arrangements.

*Rosanna’s Story

*Rosanna (35) and *James ended their marriage after seven years. Rosanna opted for a DIY divorce; her number one priority was staying on friendly terms for the sake of their two-year-old daughter. They agreed how their assets would be split and James instructed a solicitor to draw up a Consent Order at the very end. They made informal arrangements between themselves about how and when each of them would take care of their daughter.

Five years on, circumstances had changed – careers progressed, new partners came along, and additional children altered priorities. Rosanna realised that her share of the settlement had not been equitable. She and her daughter were financially vulnerable. James was also so busy raising his new family that sometimes months would go by without him seeing their daughter.

Rosanna explains, “Things seemed fair when we divorced, but I only took a share of the capital in our family home and didn’t make any claim on the other assets from our marriage. Furthermore, James was no longer helping to raise our daughter. Being a single parent restricted my earning potential. I wish I’d taken professional advice to help me consider the longer-term implications of my decisions before things had been formalised in court”.

Whilst a Consent Order is always advisable, Rosanna’s case demonstrates the importance of getting good legal advice before making things legally-binding.

Making child arrangements may seem manageable when relationships between the parents are amicable but, without legal advice, they can end up inappropriate or short-sighted. To prioritise the children’s best interests, consult an experienced solicitor who can help you draw up a Child Arrangement Order and a Parenting Plan that meets the child’s needs and is sustainable, fair and enforceable by law.

Tips:

✓ Before beginning any divorce proceedings, take time to find out about the financial considerations of getting a divorce.

✓ Take early legal advice on your finances to find out if your proposed settlement is sensible. Be sure to consider the longer-term implications before you sign any legal documents.

✓ Consider how you will jointly parent your child and whether this should be made legally binding through a Child Arrangements Order to help safeguard your family’s future.

3. A judge could reject your financial agreement

Although you and your ex-partner may be happy with the agreement you’ve reached, a judge can still refuse to make an Order on your agreed terms. It is a relatively unusual occurrence, but you’re much more likely to face such a scenario if you have not taken independent legal advice.

*Ellen’s Story

*Ellen (55) and *Tom had been married for 27 years when Tom initiated their separation. He wanted a divorce and to agree finances without involving any solicitors. Ellen was told she was unlikely to secure a mortgage on her own, so she initially agreed to settle for most of the capital from the family home, which would give her enough money to afford a small house. She did not give much thought to her future living expenses either, particularly after retirement. Tom was the family’s main breadwinner and had a high-flying career with greater earning potential. He planned to take some capital from the sale of the family home, keep their savings, and hold onto the pension that had built up over the course of their marriage.

After months of negotiations, Ellen asked a solicitor to draw up a Consent Order. To her surprise, the solicitor advised her that a judge was very unlikely to make the Order, because it appeared inequitable – the financial settlement being too far in Tom’s favour, without good reason.

Despite Ellen taking the majority of capital in the family home, the agreement raised concerns over Ellen’s future financial stability. Matters were resolved after Ellen’s solicitor suggested that the couple jointly instruct a “Pension Actuary”, who provided an accurate valuation of the pensions and gave options for how they could be split fairly.

Reflecting, Ellen says, “I’m relieved that I discovered this before it went to court, but I just hadn’t properly considered how I was going to afford to live in the future. At the time, it felt like we were back to square one. If we’d taken advice at the beginning, we could have found a workable solution and saved ourselves a great deal of time”.

Divorce amongst older couples can be complicated when there is not only a family home to divide, but pension assets potentially worth far more than the house itself. All marital assets must be disclosed. By not fully considering their value, you could be unwittingly putting your financial future at risk. Things like pensions – which usually are not ‘there’, in front of you, at the time of divorce – can be one of the most valuable marital assets and fundamental to your future financial security.

In court, the Consent Order is filed alongside a Statement of Information D81 form. The D81 provides a snapshot of financial circumstances and can be cross-referenced against the Consent Order to determine if it is fair. If you’re contemplating a DIY divorce, a judge will be more likely to approve an Order if they’re satisfied that you’ve both received legal advice – or have taken part in mediation – and are making informed decisions about your finances.

Tip:

✓ If you are planning a DIY divorce, take early legal advice, even if it’s limited to a single consultation about your finances. Just that one meeting could help you to ensure agreements are sensible and more likely to go through court smoothly. The cost of fixing mistakes once matters have reached court can far outweigh any initial savings.

Conclusion

Divorce is not just about ending a marriage, it’s about securing your future. Whatever type of divorce you choose, it’s advisable to seek legal advice early on, even if it’s limited to a single consultation about finances that can avoid hold-ups, complications or even wasted time and expenses later down the line.

At K J Smith, we’re proud to be members of Resolution and are committed to settling matters in a non-confrontational way. We’re firm believers that you don’t need to compromise an amicable relationship in the pursuit of a fair settlement. We’re experienced at untangling marital finances and understand that every family has different needs. Whether you need early advice before embarking on a DIY divorce or just some vital financial guidance, we have the expertise you need. We also provide a complimentary initial consultation to help you navigate your divorce with certainty.

*The case studies used in this blog are all real-life scenarios but are not the stories of KJS clients. Names have been changed to safeguard individuals' identities.