Q: We parted two years ago but have not got round to divorcing, largely because of the cost involved. My wife lives with her new partner in his house while I have stayed in the marital home with our children. We agreed the children would live between us and we share the cost of their needs. However, I now feel that I want to move on with my life and to do that I think I need to formalise matters. My wife won’t see a solicitor because she says she can’t afford it. My question is, are there any statistics to show how successful DIY divorces are?
A: While for the purposes of limiting costs DIY divorces may appear enticing, dividing assets, pensions, and debts can be complex. DIY divorces, in what can be an emotionally charged situation, can result in unfair or inadequate settlements. This is particularly so if one party is more knowledgeable or assertive than the other and one party’s initial situation changes.
Unfortunately, many couples underestimate the complexity of dividing assets and debts for which mistakes can be costly. For example, one party could end up agreeing to a proposal put forward by the other that could lead to an expensive legal battle in the future, or worse still leave them financially deprived for life.
So even if your split is amicable enough to successfully apply for the divorce itself without legal advice, seeking the help of a divorce solicitor to settle your finances could be money well spent in the long term. In addition to this you should consider setting up formal arrangements for the children to ensure their continued wellbeing and minimize any disruption to them should the current amicable situation change between you and your wife. Both financial and child arrangements can be completed prior to your divorce being finalised.
This question has been answered by Sean Rolinson, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
