DIY Divorce. The one question which is tripping everybody up - Financial Orders.

With the introduction of no fault divorces and divorce applications moving online, many prospective divorcees are tempted to apply for divorce themselves, without the input of a solicitor – and why not? If you are competent at form filling and have good attention to detail, then there is no reason why you cannot attempt the divorce yourself, and if you wish to save money at any point in the process, this is the best time. It allows you to save money to spend on obtaining advice in relation to your children or finances, where good legal advice is essential. However, there is one part of the divorce applications which is confusing DIY Divorcees. 

Question 10 of the divorce application asks:

To the average person reading this question, you would assume that ‘applying to court for a financial order’ means that you will be starting financial proceedings – right? 

Wrong – all that happens by ticking ‘yes’ to this box is that you keep open your financial claims, so that you do not risk being prohibited from asking the court to make a decision about your finances in due course. This includes asking the court to approve a consent order recording an agreement that you and your spouse have reached. 

What happens if I have ticked ‘No’?

If you do not ‘keep open’ your financial claims and you subsequently remarry, you will not be allowed to make a subsequent application to court to ask the court to make an order arising from your first marriage unless you have already started court proceedings before remarrying. You will not be able to ask the court for: 

• A lump sum 
• A property transfer 
• Maintenance 

Note – the position may be different in relation to pensions.

The importance of taking legal advice before starting your divorce

Whilst it is understandable that you may wish to do part of the process yourself to keep costs down, this article is a warning of just one of the ways in which you can be caught out when applying for a divorce yourself. At Neves, we recommend coming in to see us for a consultation appointment before taking any action. We can talk you through the divorce process, advise you on the point at which you ought to come back to a solicitor and the associated costs of us helping you negotiate or draw up a financial agreement. 

Without taking early advice, there is a risk that something as simple as ticking the wrong box could compromise your position in the long term. 

If you would like advice and support regarding your separation and divorce, in strict confidence, contact our Family Law team. We offer an initial Fixed Fee meeting which gives you an hour with a specialist family lawyer - click on the link below to find out more. Call 0330 0945 500, email family@nevesllp.co.uk  or complete our Contact Form and we'll get back to you.