In a bid to make the divorce and dissolution of civil partnerships process easier for separating couples to understand, the government introduced a new set of forms to apply for divorce or dissolution in August this year. It is possible that, because of this, more people will be tempted to try to handle their divorce or dissolution proceedings themselves in an attempt to save money, particularly now that Legal Aid is no longer available in the majority of cases.
While doing-it-yourself may seem like a good idea, it can end up costing you more in the long-run, both financially and emotionally, as Simon Leach, family law expert with Family Law Group explains.
The divorce and dissolution forms may look simple, but in order to ensure that your request to end your marriage or civil partnership is granted, great care needs to be taken to answer the questions correctly. There is only one basis for divorce or dissolution, that your marriage or civil partnership has irretrievably broken down. However, there are multiple ways to prove this, including living apart, unreasonable behaviour, desertion and, in divorce cases only, adultery. Your solicitor can advise on what evidence will be accepted to prove irretrievable breakdown in your case.
You also need to bear in mind that arrangements for children and decisions on how your finances should be split are not included as part of the divorce process and will therefore need to be dealt with separately – something that is difficult to do without the benefit of legal advice. You need to be sure that the way your children will be cared for after separation is fair and workable and that any financial arrangements are made final, to prevent your ex coming back in the future to ask for more.
Using a solicitor to help you with your divorce or dissolution can help to ensure that:
- You understand the circumstances in which a divorce or dissolution can be granted and the eligibility criteria for each of the different grounds you may rely on
- You use the right words in your divorce or dissolution petition and cite the most applicable reasons for ending your marriage or civil partnership, based on your particular circumstances
- You understand the meaning of any unfamiliar words or phrases and the implications of the actions you are taking
- All the paperwork you need to produce is completed properly to avoid your application being returned
- You obtain any court orders needed as a result of the divorce or dissolution proceedings, including orders to stop your ex trying to dispose of financial assets to limit what you can claim from them
- You obtain any court orders needed for the physical safety of you or your family where your ex is threatening or harassing you or you have previously been subjected to domestic violence
- You think about your finances and the arrangements for your children at the same time your divorce or dissolution is being processed, so that all aspects relating to the end of your relationship can be dealt with together
- You get independent advice on whether the financial settlement you and your ex have agreed upon is fair or if you could be entitled to more
- You make reasonable and practical arrangements for your children
In some cases, you may be able to ask your ex-partner to help fund the costs of your divorce and to pay for you to get advice on this and any related issues. Using a solicitor can help you find out whether this may be a possibility in your case.
If you are thinking about getting divorced, or dissolving your civil partnership, please contact Simon Leach on 0115 945 4555 or email email@example.com to find out how we can help.