Do it Yourself Divorce - And Why Not !

Ask any solicitor their advice on a do it yourself divorce and they will nearly always warn against it - why, because they want your business, its as simple as that. If I want to re-decorate a room in my house, weed my garden, fix a loose slate on my roof etc.. I have the option of employing somebody to do it, or doing a bit of DIY myself. So why not with a divorce?

Gone are the days when solicitors shrouded this, and many other subjects, in a cloak of mystery - the internet has ruined this for them. Anybody can now look up and research topics of a legal, or any other kind for that matter, and take the initiative themselves. Before the explosion of the internet we were really forced to use these 'professionals'.

Divorce is a relatively simple process if you are thinking of doing it yourself providing the following rule applies. You and your partner MUST consent and be in agreement on ALL matters - If you envisage disputes regarding children, property or financial matters then a DIY divorce is not for you, and I would recommend professional legal help.
The only exception to this rule is where you and your partner have been separated for 5 years or more in which case consent is not required.

The DIY divorce process will certainly be quicker and far less expensive than using a solicitor. At the time of writing a typical family lawyer would be charging £1000 for a divorce. £340 of this are standard court costs* that need to be paid regardless, so basically a solicitors fee would be £660. Compare this to the online, DIY divorce option where typical sites are charging between £25 - £100, and you can soon see the saving is significant.

There are basically only 3 steps to divorce;
1) Your divorce petition - this is simply a form you need to complete and submit to your local county court ( £300 court fee* )

2) The application for your 'decree nisi' - the completion of the first stage of divorce

3) The application for your 'decree absolute' - you apply for this 6 weeks and 1 day after the issue of your decree nisi. ( £40.00 court fee* )
Thats it you are now divorced.

As long as you both agree and consent the process is straightforward, simple and cheap. It is also fully legal and you do not need a solicitor at any stage nor will either of you have to attend court.

One point to note is that financial matters should be resolved at the point of divorce also by using a 'Clean Break Order' - just another form. This formally agrees all financial settlements before the court. This is important as, contrary to popular belief, even when you are divorced your spouse may still have a claim to your finances until the day they die or marry again.

If you are in a position where you are considering divorce and both parties are in general agreement I would certainly consider the DIY option. There are plenty of useful sites that will give you the background information you need. The sites that sell DIY divorce packs will nearly always provide help and support via telephone and/or email normally at no extra cost.

*In some circumstances you may not even have to pay court fees, there is a fee exemption form available to see if you are eligible for this.