Beware the DIY Divorce

Beware the DIY Divorce

With the loss of legal aid for almost all divorce matters, there has been an increase in the number of people who are tempted to organise their own divorce without seeking any legal advice.

Obtaining a divorce is rarely as simple as making the paper applications to court for a decree nisi/ absolute. This will end a marriage, but it will not provide any financial protection for the future or any certainty as to decision making regarding children. It is crucial that all the loose ends are tied up at the time of divorce in order to prevent any difficulties at a later date.

It is not uncommon for a scenario to arise where an individual divorced many years ago makes a success of life moving on alone only for the previous spouse returning to make a financial claim against the assets, albeit they had been in place at the time of the divorce, but these had increased considerably in value or assets that have been acquired after the marriage had ended.

The second issue relates to responsibility for the children of a marriage. It is usual that where there are children that alongside obtaining a divorce an agreement is reached and implemented over who will have care of the children and, more importantly, who will make the decisions relating to the children, e.g. which school they will attend, where will they live, what religion they will follow, perhaps what name they will be known by; the list in this area is almost endless.

Without clear agreement about responsibility for the children which is set up for the period until the children reach maturity, disputes can arise many years after the divorce is finalised.

If you would like to reassure yourself that you have not left ‘the financial door open’ or that you will definitely have a say in the decisions made about your children’s future then contact our family team on 0844 567 2222 or send an email to family@leedsday.co.ukQuote this article when making the appointment before the end of November 2014 then your first 30 minute consultation will be free.


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