It is perhaps natural that those going through a divorce want to go through the process as quickly as possible. Therefore, it is perhaps natural to see why offering low cost, quick divorces are becoming so popular.
DIY, or speedy divorces, have increased in popularity recently with the mainstream media commenting on the process following the high-profile split involving Gary Lineker after the BBC presenter used the speedy divorce process to separate.
However, there is a danger in the DIY divorce process. In the case involving Gary Lineker, it is highly likely that expert financial advisers were used and other solicitors were involved. With such a serious issue, it is highly recommended that if you are going through a divorce, you seek legal advice and representation.
Many DIY divorces may draft they document for you at a fixed price, but they will not help in the negotiation of the settlement or how assets can be split. Often when going through a divorce, dividing assets can be the most time-consuming and most contested issue. As a result of this, by obtaining a DIY divorce, you may not agree on the actual settlement, or leave yourself open to further legal action from your former partner.
Samantha Hickman, a solicitor and the head of family law firm told the Financial Times that DIY divorce packages were not always the right course of action and could result in further legal problems. She said: “What it does not do, and this is where clients need to be well informed, is bring an end to financial claims.
“Clients sometimes don’t realise that while they now have a divorce, if one wins the lottery a few years down the line, the ex can come back and say ‘I’ll take some of that, thanks very much.’”
Obtaining a Divorce Scotland
Getting a divorce in England and Wales is different than in Scotland with Scotland having different grounds for divorce.
In Scotland, there are two grounds for divorce either that:
• the marriage has broken down irretrievably
• one of the partners to the marriage has an interim gender recognition certificate.
To successfully get a divorce you must be able to prove that your marriage has irretrievably broken down, and this can be shown in many ways by citing:
• Unreasonable behaviour- This can include things such as mental or physical cruelty, violence or abuse, and less obvious things like dominating a partner or holding partners over financial matters
• Living apart for a year and agreeing to divorce, or living apart for two years
Contact our Family Law Team Today
While it may seem tempting to go through a divorce quickly and cheaply, a DIY divorce or speedy separation can result in significantly more legal issues and cost significantly more than having a divorce handled through a solicitor.
If you require legal advice about obtaining a divorce of if you wish to use our team of expert family solicitors to begin divorce proceedings, contact our team of solicitors today using our online contact form.