DIY Divorce: The Cost & Process of Divorcing Without a Solicitor

Changes to the procedure for applying for a divorce in England and Wales mean that all divorces are now applied for online, and as a result, more people are starting to apply for their divorces, often to try and circumvent the legal fees of arranging for a solicitor to do the same.

Economic concerns, including the cost-of-living crisis, will undoubtedly be putting more strain on divorcing couples to try and make their separation achievable in the most affordable way.

Equally, couples who are separating on amicable terms, those who have already been apart for some time, or those with minimal assets to be divided upon divorce may be more inclined to try and facilitate the process themselves, feeling that the potential acrimony of involving solicitors is a cost that can be avoided.

You can apply for a divorce on a sole or joint basis, provided you pay the court fee, which is currently £593 (subject to certain exemptions for those eligible for Help with Fees). It is not required to pay a solicitor to arrange the divorce for you.

Whilst it is positive to see the Family Courts making the system more accessible for individuals wanting to apply for a divorce themselves, the rise in ‘DIY divorces’ means that some couples are getting divorced without taking any legal advice at all, including on matters arising out of the family breakdown such as the finances or child arrangements.

A DIY divorce can be fraught with pitfalls, and it is important for anyone attempting to carry out a DIY divorce to be aware of the risks involved and to seek out legal advice at an early stage before embarking on the process.

Couples trying to avoid legal costs must be aware of the risks involved.

For those couples who have reached an agreement and want to prepare their own consent order, it is important to be aware that there is no guarantee that a judge will accept the consent order agreed between the parties.

A Judge will scrutinise the draft agreement sought alongside the financial information provided to ensure the agreement is fair and reasonable to both parties. Taking legal advice can avoid the risk and delay of a Judge rejecting the order and avoid the risk of any provisions being overlooked when the agreement is prepared.

Private discussions may also be more likely to result in an unfair agreement towards one party, as many couples are not aware of what their actual entitlement could be if the matter were to be considered by a Judge.

Negotiating independently can be a particular risk for those who have had very limited visibility over the finances during the marriage or those who are not able to negotiate as an equal with their spouse. Some spouses may try and convince their spouse to avoid the cost of legal fees on divorce due to ill-intent, such as if they are aware that their spouse may potentially have greater entitlement to divorce than what they are pushing them to agree to.

Private negotiations can result in assets being overlooked entirely. Pensions are often one of the parties’ biggest assets, yet there is widespread evidence to confirm that they are too frequently overlooked in divorce, particularly for younger couples.
Gender gap studies confirm that this issue disproportionately affects women.

The Nuffield Foundation recently found that at least 60% of divorced women did not discuss pension assets during divorce, often because they did not know that they should. As a result, it has been found that divorced women are substantially less likely than divorced men to be on track for better retirement lifestyles.