A recent report from the University of Bristol highlights just how little the public knows about the legal processes around divorce. This has been brought into sharper focus since ‘no fault divorce’ was introduced in 2022 and it is feared so called DIY divorce is costing women more than men.
The Fair Shares report claims many people lack an understanding of how finances, property rights, and childcare arrangements are handled and agreed during a divorce.
The report reveals 30% of people mistakenly believe their assets will automatically be split 50/50 in a divorce. The reality is the family courts use a much more forensic approach. They’ll examine every aspect of the couple’s circumstances and situation, their savings, pensions and investments, childcare responsibilities, the length of the marriage and each party’s likely future financial needs.
With regards to the length of the marriage, only 37% of the people interviewed were aware this was an influential factor. This, the report claims, can lead to divorcing couples inflating or reducing their expectations which can impact the final settlement the parties receive.
The report also reports the differences in understanding between genders. Women, it is claimed, are slightly more likely to understand the law relating to children (49% vs 46%) while men have a better grasp of the financial side (49% vs 47%).
This is why DIY divorce could be costing women more than men. Under the ‘no fault’ divorce system, couples can now end their marriage with very little guidance. Admittedly, the new system is – on the surface at least – easier and cheaper. However, there are significant risks and these risks are felt to be greater for women who can be seriously impacted by the unfair and unbalanced informal arrangements they agree on in a ‘DIY divorce’.
What is DIY divorce?
A DIY divorce is the name that’s been given to handling a divorce yourself, without using a solicitor or barrister to represent you. It is often chosen by couples who have come to a mutual decision to end their marriage and believe their financial and child arrangements are straightforward and, therefore, easy to agree upon.
You do still need to follow due legal process. This includes:
• Filing a divorce application
• Applying for a conditional order
• Finalising the divorce with a final order
Although it is an attractive option for many because it will save money, there are drawbacks.
Misunderstanding the legal process or failing to complete paperwork correctly can cause delays or even require you to start the process all over again. More worryingly making informal agreements without legal oversight and ending the process without a legally binding Consent Order, could leave the door open for either party to launch disputes or make financial claims against the other at any point in the future.
The emotional stress of managing the process yourself shouldn’t be discounted either. It can be hugely overwhelming at what is likely to be an emotionally challenging time.
Most importantly, handling the process yourself could also lead to key assets like pensions, business interests, or investments being missed. This can massively alter the final financial settlement either party receives. This is the point made in the University of Bristol’s report and the reason why DIY divorce is costing women more than men given the man is statistically still likely to be the main breadwinner in the relationship.
Alarmingly, the findings of the report also reveal only 32% of divorcees seek professional legal advice for financial arrangements, relying instead on informal guidance from unqualified friends and family.
Why is it essential to take legal advice during a divorce?
The University of Bristol’s report highlights a need for greater public education on financial rights and responsibilities in divorce. It also underlines the need to take legal advice from a professional during a divorce.
The reasons why it is crucial to take legal advice during a divorce include:
• Safeguarding your rights relating to finances, property, or childcare arrangements.
• Ensuring you reach legally binding agreements to prevent future disputes.
• Avoiding costly errors in the way your assets and finances are divided.
• Addressing the possible long-term challenges you might face.
• Receiving expert guidance on more complex elements like pensions, shared businesses, or overseas assets.
• Saving you from having to handle all the paperwork and negotiations, and burden of time and emotion this can cause.
If you would like to explore any of the issues raised in this blog with one of our hugely experienced family law team, please contact us today.
