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The evolution of divorce proceedings, marked by the introduction of 'no fault' divorce in 2022 and the convenience of online applications, is slowly but surely bringing the divorce process into the 21st century. Nevertheless, it remains crucial to address financial matters before the final paperwork is concluded.

Despite the increasing popularity of online DIY divorces, with a surge of nearly 300% in the last five years, recent studies indicate a 35% decline in applications for pension sharing orders. These orders enable couples to divide their pension funds during divorce. Ensuring the resolution of all financial aspects, especially valuable assets like pensions, before seeking the final order is imperative for a legally enforceable settlement in the future.

Failing to comprehensively and securely cover all financial aspects poses a risk, as an ex-partner may attempt to make a claim for financial provision or property adjustment many years after you have divorced. Seeking expert legal advice early on proves to be a worthwhile investment, ensuring awareness of all available financial remedies. This safeguards against potential oversights or mistakes in online divorce applications that could have repercussions later.

So, why should you instruct a solicitor for an online divorce? Even in cases of amicable divorces, where a financial agreement might seem unnecessary, a solicitor can provide clear guidance on the division of assets, savings, and investments. The legal termination of a marriage does not automatically nullify financial claims, nor does a verbal agreement hold weight.

As Baroness Shackleton, a family law expert, emphasized in a recent House of Lords debate, resolving financial matters is integral to a divorce. She stated, "There is no use in having a divorce if the money is not sorted out; the house has to be sold, and the children are caught in conflict."

Addressing the necessity of a financial order during divorce, it delineates the division of finances, encompassing agreements related to the sale or transfer of the marital home, ongoing maintenance, pension division, and lump sum payments. Once approved by a judge in the Family Court, this 'clean break' agreement restricts both parties, with rare exceptions, from making future financial claims.

The dangers associated with utilizing 'quickie' online divorce services, a burgeoning sector in the unregulated high street market, prompt concerns. Many such organizations lack regulation, posing challenges for recourse if issues arise. Following an uptick in complaints, the Competition and Markets Authority (CMA) is investigating potential breaches of consumer law, including misleading claims about the process's simplicity and costs, leading to customer confusion.

Shoddy and inefficient services, such as using incorrect forms, entering wrong details, submitting papers late to the court, and poor communication, add to the risks. The CMA's scrutiny extends beyond online divorce to encompass investigations into will writing and pre-paid probate plans.

Highlighting the benefits of engaging a solicitor for divorce, solicitors regulated by the Solicitors Regulation Authority adhere to strict ethical and professional standards. Houldsworth Solicitors' Family Law team, offers assistance with divorces, ensuring proper execution and the protective measures associated with using a regulated lawyer, at a reasonable fixed fee.

Emphasizing the importance of resolving all financial matters, including pensions, before applying for the final order (formerly known as the decree absolute), ensures a legally enforceable settlement for the future. Seeking legal guidance early in the process proves invaluable, providing clarity on available options and securing a well-informed plan moving forward.

Please contact our head of family law Louise Mitchell for further information.

IMPORTANT NOTICE: The information provided in our articles reflects only a narrative of some elements to consider on the topic. The articles do not contain considered legal advice and should not be relied upon as advice. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.