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Can I do my own Divorce?

June Reid

Online and DIY divorces can work for some. If the divorce is amicable, you have no children and there are no financial assets to split, doing your own divorce may seem like a quick, easy and cheap solution. However, be aware and be careful as it is never that simple.

Having a divorce does not mean that your financial claims against one another have been dismissed. (You can read our article, “Sorting out what happens with money after divorce”, for more information.) So even if you have no assets to divide, you should still have a Consent Order prepared by a Solicitor which provides a clean break, meaning that there can be no future applications to the Court.

The Dangers of DIY Divorce

In March 2015, in the case of Wyatt v Vince, the Court ruled that the ex-wife of Mr Vince, a now multimillionaire, could proceed with a claim against her former husband, even though it was more than 20 years since they divorced. At the time they had no assets, and did not have a Consent Order upon divorce.

You should seek legal advice to ensure that procedures are followed correctly and all financial matters are tied up so as to prevent any further court proceedings in the future, as in the case of Wyatt v Vince.

Another pitfall of DIY divorce is that someone acting without a Solicitor (a litigant in person) can fall foul of necessary procedural rules, which can lead to delay, and further unexpected costs.

Can I do my own Divorce?

So should you consider an online or DIY divorce? It is best to seek legal advice to make sure procedures are followed properly and no unexpected costs arise, and you should always seek legal advice for matters relating to finances. This way you can ensure that you obtain the right settlement for you, as well as security against future claims.

Please Note: W. Davies Solicitors have now closed their Family Department.

No new appointments are being made.

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