A substantial lack of knowledge around the law of divorce and separation

So should DIY divorces be avoided?

A DIY divorce process is, as you imagine, where one or both sides carry out the legal work connected with their divorce themselves, without a solicitor. A DIY divorce generally involves using online resources, government forms and templates to file divorce and settle matters like child arrangements and finances. Even the “friend from the pub” can become embroiled in the DIY process. It seems a key reason people opt to represent themselves is to avoid the costs of lawyers and, to try and retain more control. However, are you missing out if you do not have someone acting in your best interests? 

A recent report co-led by Emma Hitchings, a family law professor at the University of Bristol published findings about the public's understanding of the law concerning finances and property on divorce, with interesting results. 20,000 members of the public in England and Wales answered questions on divorce-related laws about dividing finances and property and the results showed the “substantial lack of knowledge around separating”.

People's understanding is “patchy and often poor” with nearly one third of the public incorrectly believing that all assets are automatically split equally on divorce. With only 32% of divorcees making use of legal services in relation to their finances and taking a DIY approach to dealing with their divorce, it can lead to unsatisfactory settlements. 

Why speak to a solicitor about your divorce?

Divorce is an emotionally and legally complex process that can have long-term implications for both parties involved. As such, there are significant advantages in instructing a solicitor. 

A solicitor brings both technical knowledge and experience in providing the vital professional support to help you navigate your divorce and the next chapter of your life. Family law is complicated, and each family’s situation is unique. A solicitor will provide you with all-important knowledge, help you understand the process and ensure that your situation is being conducted within the framework of the law. A solicitor will work to protect your best interests, especially when it comes to your children and the division of your financial wealth. The report also found that only 37% of people knew that the law states the longer the marriage, the more equally you should divide assets and debt. A divorce can result in significant changes to your financial and personal life, and a solicitor will help ensure that your rights are safeguarded. 

Longer term impacts of your divorce

Divorce doesn’t just affect the present; it also impacts your future. The decisions made during the divorce process will have lasting effects on your financial situation, living arrangements, and relationship with your children. A solicitor can help you make sensible decisions that will benefit you in the long term, rather than focusing only on short-term gains based on decisions made in haste. A solicitor will ensure that any divorce settlement or agreement reached is legally binding and enforceable. Without a solicitor, certain vital issues may be overlooked, or documents not executed properly, which can lead to complications further down the line and enforceability issues. 

The findings of this report further evidenced the misconceptions amongst the public that we see day-to-day within our practice. A common misunderstanding that any financial agreement will only become legally binding when approved by the Court. The impact of not formalising the agreement in a Court Order is that the parties' financial claims against each other will remain open. 

Navigating a ‘successful’ divorce

Ultimately, instructing a solicitor in divorce is critical for ensuring that the process is conducted properly, protecting your legal rights, and securing a fair and sustainable settlement. Whilst DIY options may seem appealing due to costs, they often fail to provide the necessary support in complex legal matters. This can be a false economy leading to increased costs trying to unravel and rectify poorly negotiated DIY agreements. Whilst the study does not venture deeply into the public’s understanding of Family Law, it highlights why legal representation is crucial in bridging the gap and, again, ensuring a fair settlement. 

At Clarke Willmott, our divorce specialists can advise you at any stage of your divorce, including where you have reached an agreement with your spouse. We have the expertise to deal with more complicated circumstances, including where there are international elements or business interests.