Family law expert shares how to get quick, cheap divorce using 'no-fault' option
Once the festivities are over and the last of the turkey leftovers have been fed to the dog, some couples are left with doubts about whether their relationship can survive another year. Christmas can expose cracks in a relationship and the number of couples separating or divorcing peaks at its highest in January. Figures show that separations and divorce are 27% higher in January than at any other time of the year.
A new law which came into force in April 2022 means it's now easier than ever to get divorced and couples can opt for a 'no fault' divorce. Until recently a specific reason such as adultery or unreasonable behaviour had to be provided for ending the marriage. Changes to outdated divorce laws mean it’s now also possible for both spouses to apply for a divorce together, making the whole process much more straightforward.
Figures show January is the worst month for divorce and separation (Getty Images)But while it can be tempting to opt for a quick, cheap online divorce (prices start from just £199), Charlotte Beck, family law solicitor at Slater Heelis, says paying that little bit more for legal advice could be worth every penny. “Typically, the cheapest way to divorce safely will be to take proper advice as early as possible,” Charlotte told the Mirror Online. “Otherwise, you will not know what you are potentially entitled to regarding the available financial resources. Although it may be tempting to ignore financial matters or agree to something with your ex without first getting proper advice, the consequences can be disastrous."
Recent studies have shown that women are often the ones who are shortchanged when it comes to divorce because they tend to focus on the sale or transfer of the family home. Many are missing out in divorce settlements because they aren’t typically seeking pension sharing orders in respect of their other half’s pension yet this often has a higher value than the equity in the family home.
Speaking to a family lawyer can save you money in the long run (Getty Images)“Although housing will almost always be a major consideration, it is also vital to make sure you will have enough income when retired,” Charlotte explains. “The cost of straightforward legal advice regarding financial matters on divorce can be less than many people think. Even if you are on a very limited budget, a qualified legal expert will be able to give you a clear ‘roadmap’ for dealing with divorce and sorting out the finances.
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"This will include explaining your rights and what you are potentially entitled to in respect of money, property, and pensions, as well as covering the various pitfalls to avoid," she adds. It's also really important to consider your ex can still make financial claims against you even if you are divorced as the divorce does not end these financial claims. “If divorcing, it is crucial to ensure that you get proper advice regarding financial issues at an early stage,” Charlotte insists.
If you’re struggling to reach an agreement on your finances it might be worth talking to a mediator. (Getty Images)“Many people will be able to reach an agreement regarding finances, and if an agreement is reached then it should be set out in a formal court order known as a ‘consent order’. A consent order makes an agreement legally binding.” If you’re struggling to reach an agreement on your finances it might be worth talking to a mediator. Normally the cost of mediation or discussions via solicitors will be much lower than court proceedings or arbitration.
"But if you and your ex can’t agree on the financial arrangements, then court is not the only option," says Charlotte. "Arbitration – where an experienced family lawyer known as an arbitrator decides the outcome – is similar to the court process involving a judge, but without the long delays and other administrative issues that can arise. Arbitration is not cheap, but it will typically cost less than fully contested court proceedings."
AdviceNow has jargon-free guides written by family law experts on divorce, sorting out finances and pensions.
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