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DIY Divorces on the Increase, but Many Cost More than Using a Solicitor- 12/04/2011
DIY divorces are on the increase, but, far from being cheap and easy, doing-it-yourself can be complex and fraught with difficulties and extra costs, warns a leading West Midlands matrimonial solicitor.
Anne Thomson, Partner and Head of Family Law at West Midlands’ law firm FBC Manby Bowdler, says that fears about the cost of divorce have pushed people into trying to do it themselves.
“Concern about the cost of legal fees, about the lack of equity in shared homes and assets, and about the general economic uncertainty have combined to reduce the divorce figures, as more people choose to wait for better times before starting proceedings. Many stuck in an unwanted marriage feel that they simply cannot wait, which means that we are having to deal with record numbers of people who have started the divorce process themselves and got it wrong,” explains Miss Thomson, who is based in FBC Manby Bowdler’s Telford office.
According to Miss Thomson, it is initially quite simple to avoid using a solicitor and to contact a local County Court to obtain the necessary forms for a divorce.
She says: “Most people are not aware that the court staff cannot give legal advice and that they are on their own. They also find it particularly difficult to be dispassionate when acting as a litigant in person. It is difficult for them to stand back from the facts and look at them objectively, particularly when they feel their spouse is in the wrong. This often leads to technical mistakes when it comes to providing a reason for divorce and naming third parties in the divorce petition for the court.
“When there are no assets or property to be divided and no children, then with some careful research and avoiding the technical mistakes, it is still possible to obtain a DIY decree absolute, which allows both parties to remarry if they wish.
“However, we are increasingly now contacted by parties who have started the DIY process, but are in dispute over matrimonial property and assets, in the part of the divorce process known as ancillary relief, or who cannot agree on issues such as contact or residence for their children.
“We then often find that mistakes have been made, and we effectively have to start again, as one small error can be compounded and result in a very unsatisfactory outcome.
“Unfortunately, this usually means that the attempted DIY divorce ends up costing more than if the person who wishes to divorce had approached a solicitor in the first place. In many such circumstances, mindful of the potential costs, we are able to offer a fixed fee for divorce work. However, when we have to spend time redoing matters which have already been attempted by a lay person, our fees will inevitably be higher.”
According to Miss Thomson, anyone contemplating divorce has to be realistic about the costs involved before they start the process. She says: “There are some ridiculously low prices quoted on the internet, but divorce and those issues which arise, such as finances and children, are complex, so it is vital that it is done correctly and legally and in the best interests of the parties involved, which can only be achieved by seeking professional, legal advice.”