DIY divorce UK: The pitfalls of doing it yourself

The idea of managing your own divorce arrangements may lead you to believe that aspects such as child maintenance payments and the division of finances and property will all be taken care of. However, this is not the case. We walk you through the divorce process UK and the pitfalls of going it alone with a DIY divorce UK. 

How to get a divorce in the UK

Applying for a divorce, either in court or via an online divorce UK (England or Wales) can happen when the following are true (there is a different process for ending a civil partnership):

• You’ve been married for over a year
• Your relationship has permanently broken down
• Your marriage is legally recognised in the UK (including same-sex marriage)
• The UK is yours or your husband/wife’s permanent home

Grounds for divorce uk

Per the website gov.uk, divorce can be started by either party when you can prove your marriage can’t be saved for the following reasons (also known as ‘facts’):

Adultery

This is where your husband/wife has slept with someone else and committed adultery. You can’t use this reason if you lived for over six months together after you found out about it.

Unreasonable behaviour

You cannot reasonably live with your husband or wife because of their behaviour. This behaviour can include:

• Physical violence
• Verbals abuse
• Drunkenness or taking drugs
• Refusal to pay towards shared living expenses

Desertion

Your husband/wife has left you for at least two years. You can still claim desertion if you lived together for six months total within the two years, but it won’t count as part of the two years.

You have been separated for at least two years

If you both agree to it in writing, you can apply for a divorce if you have been separated for over two years. It may be possible to show you’ve been separated while living in the same home, as long as you can prove you’re not living together as a couple. For example, you sleep and eat apart.

You have been separated for at least five years

Even if your wife or husband doesn’t agree, you can apply for a dissolution of marriage if you have been separated for at least five years.

How to file for divorce uk

Gov.uk shows you how to file for divorce in UK.

To file for divorce, you will need your husband or wife’s full name and address, your original marriage certificate or a certified copy and proof of your name change if you changed it since you got married. A new divorce service will be available from 6 April 2022, so it may be better to wait until then. However, if you have already started an application, make sure it reaches the court by 4pm on 31 March 2022.

The UK Parliament passed the Divorce and Dissolution Act in 2020 and under the new service it will no longer be necessary or possible for either party to prove ‘fault’ to get a divorce. This is part of a new no fault divorce law intended to end the ‘divorce blame game’.

Once both parties have successfully proven divorce is the right step to proceed, the court of law issues a final order of a decree absolute officially ending the marriage so they can remarry.

You can also apply online for a divorce, but this is only available to those whose divorce case can be handled in England and Wales. A solicitor can also apply on your behalf.

How long does it take to get divorced UK?

It takes around four to six months for a divorce to be finalised, but it make take longer if you need to sort out any issues involving money, property or children. Do not use websites that promise cheap divorce packages, as you’ll still have to pay the divorce application fee.

How much does divorce cost UK?

The average cost of divorce UK is £14,561 according to Aviva. But it can cost less or it can even be free, depending on the divorce advice you get and whether you tackle the process of divorce in the UK by yourself.

You pay a £593 fee to apply for a divorce, but the way you pay depends on how you apply. Refunds are not offered after you are sent the notice that your application for divorce has been issued. If you are on low income or benefits, you can apply for help to pay these fees.

How to do a DIY divorce UK

Under Citizens Advice divorce can be applied with no solicitor, no divorce centre or the need to go court if you and your ex-partner agree to a clean break by divorce, and the reason you want to file divorce papers. But you should receive guidance on how to divorce properly, so the process is fair and you receive justice where you need it.

DIY divorce UK Pitfalls

A do-it-yourself divorce (i.e. not using legal assistance) means you are handling everything, rather than a solicitor. Here are some reasons it may be dangerous to handle the divorce on your own.

Not all divorces are the same  

Divorces can often be complex and stressful. There is no one-size-fits-all divorce. Yours and your former spouse’s circumstances are unique and there are likely intricate details in your divorce that need handling carefully.

With an online divorce, you could end up unknowingly cutting corners that can cost you time, money and energy long-term. Even if you and your ex-spouse have had an amicable separation, there is still a possibility that things could turn more sour. Child custody arrangements are not included in a DIY divorce and decisions about children will need to finalised through the court. If they are not, matters relating to this could open up again in the future.

In addition, there could be choices available to you which you don’t know about, for example, for the specifics of dividing finances and property. 

You could lose out financially 

One of the biggest risks of taking the DIY divorce route is losing out financially. The legal terminology on the form can be off-putting for those without a trained eye. As an example of a worst-case DIY divorce scenario, you may not correctly confirm on the form that you would like to make a financial order (an agreement that sets out how assets are divided between two spouses). This can unfortunately leave you in a regrettable and sometimes complex financial position further down the line, long after your divorce.

It is important to remember that an online divorce does not deal with financial matters and child maintenance payments; it is a system designed purely to dissolve a marriage. Therefore, it’s important to get legal advice and financial advice on where you stand before. 

Under-estimating a complex case 

Filling in online forms is something we have grown accustomed to in the digital world. However, petitioning for a divorce takes a little more thought than the average box ticking questionnaire and you will need to be careful while doing this. Issues can be overlooked, and the courts can reject these petitions occasionally, leading to wasted time for all concerned.

Complex issues involved in your divorce, such as matters that have not been fully solved or agreed by both parties, are generally not managed well with a DIY approach. If money is concealed, or assets transferred without your knowledge, you can be left vulnerable to financial loss. 

DIY Divorce UK – conclusions

The withdrawal of legal aid, potentially reducing court fees and increase in no-fault divorce has seen online divorces increase in popularity over the last decade, but the appeal is not necessarily in the quality of the results or the service. DIY divorces do not fully consider what arrangements will be for any children, the final financial settlement, what will happen to the marital home and who gets what.

Although the ease of doing it on your own when getting divorced is attractive, especially when the divorce process is arduous, there are potential long-term consequences you should at least research and consider before you begin DIY divorce proceedings. It’s always advisable to gain knowledge from a qualified family law expert or divorce service to get the support you need to make the best choices for you and your unique situation before you file a divorce petition.

*Collaborative feature post*