Nexnet

Family law solicitor Abbie Churchill, of South Yorkshire firm Raleys, said a growing number of couples choosing to end their marriage were hoping to cut costs by representing themselves in court or purchasing an online divorce kit. But she warned that there were many pitfalls to going it alone which may not become apparent until it is too late.

 

“Divorce proceedings can be complex. By not taking legal advice spouses could be waiving their rights to property, pensions and other assets,” Abbie said. “They could be losing out on claims that are legally theirs and turning things down which they cannot get back. If anything does go wrong it is down to the individual and there is no going back. It’s very much like carrying out repairs on your car without being a mechanic – if you make a bad job of it there is no one else to blame.”

 

A reflection of the current tough economic times is that divorcing couples are increasingly finding themselves splitting up debt rather than assets. “This can make divorce even more complex,” said Abbie. “In a DIY divorce, one person may find themselves stuck with debts which they didn’t need to shoulder alone.”

 

She added: “There is nothing to stop people choosing a DIY divorce. Like any other legal proceedings, people can choose to represent themselves but they should be reminded that the law is an area of technical expertise and it is easy to make mistakes by not fully understanding it. Simple misjudgements can turn what might have been a quick divorce for a professional into an extremely complicated case for the man on the street to fathom. People should also be aware that court staff and judges cannot offer legal advice and so it is important that the advice of a family law specialist is sought.”

 

Abbie said that if the trend for DIY divorces continued to grow, then couples might be wise to consider having a pre- or post-nuptial agreement drawn up. “Once the preserve of the rich and famous, these agreements are becoming more common among ordinary people,” she said. “Again, they should be done with the help of a solicitor but a document which was devised during happier times of a couple’s marriage may prove extremely useful when it comes to dividing assets during a more difficult and emotionally-testing time such as divorce.”

 

 

Issued on behalf of Raleys Solicitors, www.raleys.co.uk, by Nexnet PR, 8 York Place, Leeds, LS1 2DS, www.nexnet.co.uk. For further information call Nexnet on 0113 247 0029 or email paul.newham@nexnet.co.uk or joanne.mead@nexnet.co.uk.