Is ‘DIY Divorce’ a Good Idea?
Since the introduction of the online divorce portal in 2018 and the ‘no-fault divorce’ in 2022, it has become increasingly accessible to apply for a divorce yourself without the involvement of legal professionals. The procedure appears to be a straightforward and cost-effective process – complete the divorce petition, pay the Court fee, provide a copy of your marriage certificate, apply for the conditional order and apply for the final order to legally dissolve your marriage. However, it is important to understand the potential long-term consequences of failing to seek proper legal advice from an experienced professional.
Published: November 10th, 2025
3 mins read
A divorce dissolves a marriage, legally separating you and your partner. However, a separate financial order is required to create a legally binding financial settlement that ends all financial ties between you and your partner, as informal agreements are not legally enforceable. Attempting a DIY divorce may result in the key issues below being overlooked entirely or dealt with incorrectly, often to the detriment of both you and your partner.
Division of Assets
Assets, including property, savings, investments and business interests, should be formally divided between you and your partner in accordance with the fairness principle. Several important factors are considered in determining what is fair, including the length of your marriage, your respective earning capacities and financial needs, the contributions you and your partner have made to your marriage, and the welfare of any children of the marriage. The aim is to divide the marital assets to allow both you and your partner to proceed independently without future financial ties to one another, legally referred to as a ‘clean break’. This is often difficult to successfully achieve with a ‘DIY’ approach.
Pensions
Pensions are often one of the most valuable marital assets, but are frequently overlooked in divorce. Pension sharing is often necessary to divide the pension benefits that have accumulated during your marriage to ensure that both you and your partner have adequate and fair provision to support yourselves independently in retirement, achieving a ‘clean break’. This is achieved via the implementation of a Pension Sharing Order, which a ‘DIY’ approach often fails to address.
Spousal Maintenance
Whether you are entitled to spousal maintenance from your partner or expected to pay spousal maintenance to your partner depends on several factors. This includes the income, needs, and earning potential of both you and your partner. A final order of divorce does not deal with spousal maintenance and entitlement is not automatic, meaning payments must be dealt with by an agreement or in the absence of an agreement, by a court. A fair agreement that works for both you and your partner is often complicated to accomplish using a ‘DIY’ approach.
The Danger of Divorce Without a Financial Order
Divorcing couples often believe (incorrectly) that the final order of divorce also ends financial ties between themselves and as a result, overlook the financial aspect of the separation. However, this is not the case. Without a carefully drafted financial order that deals with the relevant issues and is subsequently approved by the Court, your partner could still make a financial claim against you at any time in the future, even many years after the final order of divorce is granted. This means that if your financial circumstances were to improve at any point in the future, if, for example, you received a large sum of inheritance or were given a significant salary increase, your ex-partner may still be able to claim a share of the same.
Why Obtaining Legal Advice is Key
Seeking legal advice from an experienced professional ensures that all aspects of your divorce are properly dealt with at the outset. This includes achieving a fair financial settlement, protecting your future income and assets, and securing a ‘clean break’ order to protect you from any future claims from your ex-partner and ensure both you and your partner can move forward independently. Whilst a ‘DIY’ divorce may initially seem like an efficient way to proceed, the additional legal fees of obtaining a financial order are far outweighed by the risks of error and/or omissions when attempting to “do it yourself”.
How Forbes Solicitors Can Help You
Nicola Rushton, Senior Associate, is an experienced Family Law solicitor offering expert legal advice and support in family matters, including wealth preservation. Forbes Solicitors offers nationwide services, with consultations available by telephone, video call, or at any of our offices. Whether you're considering family financial planning, navigating complex family dynamics, or need legal guidance on any related matter, our dedicated family division is here to assist. For more information or to discuss your case, please don’t hesitate to contact us on 0800 689 1058.
For further information please contact Nicola Rushton
