DIY divorces are on the rise
Divorcing or separating with little in terms of legal advice and support is on the rise. Reports show that in 2020, courts became overloaded with ‘DIY’ divorces, with as much as 60% of divorces going before a judge being filed without solicitors.
According to The Times, people representing themselves in divorce disputes has increased from 35% to 57% in the last five years.
For separating couples who have agreed to end their relationship amicably and whose finances and other matters are fairly straightforward, DIY divorces can prove a relatively cheap and quick way to officially divorce.
However, complications can arise for people choosing to complete their own divorce.
Tracey Miller Family Law looks at the potential pitfalls of DIY divorces and why you should seek at least some legal advice.
Incorrect information
One common pitfall that can rear its head with DIY divorces is that the information provided is incorrect.
According to data by the resolutions and courts tribunal service, around 40% of all DIY divorce applications are sent back because of an error, or the application is incomplete.
Some of the most common errors made on DIY divorce application include the details of the marriage being incorrect, the marriage certificate not being enclosed, or the divorce petition court fee being missing.
Reasons for divorce
Another common mistake that can delay a DIY divorce is that the reasons for divorce stipulated on the application are invalid or problematic.
There is only one ground for divorce, and that is that a marriage has irretrievably broken down. In a heterosexual marriage, there are five facts you can use to evidence that a marriage has irretrievably broken down. These facts include:
• Unreasonable behaviour
• A 2-year separation (where both parties agree)
• A 5-year separation (where you don’t need an agreement)
• Desertion
• Adultery
In a homosexual marriage, adultery is not considered a legitimate reason for a marriage breaking down, and subsequently there are just four facts you can use to evidence a marriage has broken down irretrievably.
Unreasonable behaviour is the most common fact used to evidence the breakdown of a marriage.
Unreasonable behaviour can cover anything from a partner being argumentative and moody, to showing a lack of intimacy and emotional support.
With “quickie” divorces, putting unreasonable behaviour as the reason for the marriage breakdown can lead to problems, as it has to be written in a way that a judge will accept it.
A family solicitor can help resolve these potential issues that can result in a divorce being delayed or even denied.
Understandably, the cost of having a solicitor handle a divorce can push many into opting for a DIY solution. However, having a legal aid look over and check a divorce petition and even provide some initial advice on the process and the best solutions based on a separating couples’ individual circumstances, could save time, stress, heartache, and money in the long run.
If you need legal advice you can trust on divorce, DIY divorce, divorce processes, child arrangements or any other family matters, get in touch with Wirral family law solicitor Tracey Miller Family Law.