Deciding to end your marriage and get a divorce is extremely difficult, and this can be made even more difficult because of the financial impact of a divorce. The costs involved in using a solicitor can feel overwhelming and can often mean couples stay together longer due the financial constraints of divorce. The other alternative to staying together is a DIY divorce.
This involves completing the process with little or no help from a solicitor.
For many people this seems an attractive option but there are some points you should take into account before deciding if this is the right route for you.
The first and most important consideration when getting divorced is the financial split, particularly if you have been a stay at home parent, whilst your spouse has been out at work. This situation would result in you having limited earning power and probably no pension. If you were to divorce on a DIY basis, you may find that you don’t receive a fair settlement for the role you have taken in the family. Whilst the divorce is not about the money, it is about ensuring that you both leave the marriage with a share that is fair.
A DIY divorce may not be for you if your relationship has become acrimonious prior to your divorce. This is because you will not have any third parties involved and you will have to reach agreement on a number of issues such as access to the children, the sale of the house, where the children should live and many other issues.
You may decide that you would like to do some of the divorce yourself, such as completing the divorce petition and filing it with the court, but it is important to recognise the issues which you may need specialist help and advice for.
You should also be aware that this is the process in England and Wales. If you are based in Scotland or Northern Ireland the law is different and you should seek advice from an experienced solicitor in your area.
This information provided in this article is not intended to constitute legal advice and each relationship breakdown requires careful consideration in our view by a fully qualified Solicitors before decisions are made and before you embark on a certain course of action.
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