I Want A Divorce – Do I Really Need A Lawyer And Legal Advice?
On 6 April 2022, family lawyers across the UK celebrated the introduction of the new divorce model.
It was a move away from one party blaming the other for the breakdown of the relationship and towards accepting that divorces involve two adults. It acknowledged that sometimes relationships end without either party really being at fault.
Not all divorces are fuelled by hate.
Even where one spouse feels wronged by the other, it is hardly helpful to require them to set out their grievances in the formal divorce petition document, inflaming any animosity between them.
These people often have to have some sort of ongoing relationship for the sake of their children, whilst in the shorter term also having assets from the marriage to be shared. In a system where it is clearly better for separating couples to agree on how to share those assets, it must be obvious that removing blame will increase the chances of being able to discuss things amicably and reach sensible agreements.
So it’s no surprise that in April, many thought ‘fantastic’.
A new, simpler system that many separating couples felt they understood and could tackle without the benefit of legal advice.
Divorce Statistics
Between April and June 2022, the number of applications for divorce increased by 22% compared to the same quarter in April 2021 and rose to the highest level seen in a decade. Clearly, some couples had been waiting for the new system to be in place so they could divorce without blame.
“Great”, I hear you say. “No problem there”. Well, not quite.
Whilst many press outlets heralded this as a simpler system, there is a worry that those who have not had the benefit of legal advice may not have truly appreciated the complexities involved in divorce and related financial matters.
Yes, the divorce itself is now simpler, but financial issues still need to be resolved. It is here where the absence of legal advice is beginning to show, leaving people vulnerable to financial claims from their former spouse in the future.
Protecting Your Finances With Legal Support
The court statistics show that between April and June 2022, the number of applications for financial relief on divorce dropped by 31% against the same period in 2021, a statistic that is all the more concerning when considered against the 22% rise in the number of divorce applications. More divorce applications but fewer applications concerning financial matters arising from the divorce.
At first glance, one might assume that this means more separating couples have been able to agree on how their assets should be shared.
This figure actually includes orders submitted to the court confirming agreements that the parties have been able to reach between themselves. So what the statistics are showing, quite worryingly, is that there are more divorces but fewer orders formalising financial arrangements on divorce.
Many separating couples do not know when they begin the divorce application that the financial claims of spouses are only brought to an end when the court formally dismisses them in a financial order or by remarriage. There’s no set period after which a former spouse can no longer bring a claim for financial relief.
Therefore people could find that the spouse who said they did not want anything subsequently changes their mind and makes a claim many years later. Even when separating spouses have agreed how their assets will be shared, that agreement should be recorded and approved by the court in an order.
If there’s no order and an ex-spouse changes their mind about the terms of the agreement, the court would have to consider their application because their claim for financial relief has not been previously dismissed.
Summary
To conclude, the risk is that by creating a simpler system of the divorce itself, many who would previously have obtained legal advice have been left with the incorrect impression that they no longer need to seek such advice and that they can complete the divorce themselves.
Without proper legal advice based on the individual circumstances of the situation, there is a risk not only that many are short-changing themselves in terms of financial settlements but also that they are leaving themselves vulnerable to financial claims in the future by failing to record what has been agreed in a court order.
If you would like to discuss your situation and what steps you should take or consider, please feel free to contact Sarah or Jackie in our Family Law department on 01903 229999.