legal update Online Divorce Pitfalls

advertisement
____________________________________________________________________________________
THE PITFALLS OF USING ONLINE QUICK DIVORCE COMPANIES
Whilst an online divorce may appear on the face of it to be the cheapest and quickest way of having a
divorce many have found this not to be the case
An interesting article appeared in The Daily Mail earlier this year where comments taken from various
members of the public who had experience of using quickie online divorce companies revealed the problems
encountered from simply receiving the wrong forms to having to pay hidden costs and, of even greater
concern, of having had no pension sharing order.
The financial claims that each spouse has against the other within
divorce are complex. There is a misconception amongst many that a
decree absolute ends all financial commitments. This is not always the
case.
Unless an order of the court is obtained which sets out
arrangements in relation to finances and deals with the financial claims
that spouses have against each other then unexpected claims may be
brought many years into the future. The family courts in England and
Wales have a duty to consider all assets both jointly and solely held whether acquired prior to or during
marriage and even assets that may have been acquired after decree absolute.
The quickie online divorce may seem a quick and cheap option but could create problems and greater costs
in the future when things such as pensions, property and other issues get overlooked resulting in claims
being brought many months or years after divorce. For some who could have obtained a better financial
settlement through a lawyer, a cheap divorce will prove a false economy.
Linda Lee, president of the Law Society, is quoted as saying: ‘Divorce can
be a highly complex issue and it would be difficult for any case to receive a
full and thorough analysis without a client having had the benefit of at least
one face-to-face meeting with a family law solicitor.’ She says that an online
divorce is not suitable where there is an imbalance of power between the
parties, or if one side is being obstructive or withholding information. ‘The
cheapest option is not always the best option,’ she warns.
Even the Managing director of Divorce-Online which has been running for 11 years is quoted as saying ‘We
recommend that people seek advice from Solicitors…..’.
Online divorce companies are on the whole a completely unregulated business and most do not even have a
lawyer able to offer the most basic legal advice.
If you are contemplating divorce, you should take advice from a professional. The only people qualified to
advise you about your divorce or any other legal matter are solicitors who are regulated by the Solicitors
Regulation Authority.
We recommend that proper legal advice is obtained upon separation and/or divorce.
In our Family
Department we have a team of experts specializing in all aspects of matrimonial law. We offer a free 30
minute free consultation.
Don’t be caught out by taking what may appear to be the quickest and cheapest
option at the time but what could later result in being a false economy.
If you require any information on divorce issues, then please contact me for a no obligation chat.
Susan Hughes
01792 749144
susan.h@daviesparsonssolicitors.co.uk
http://www.daviesparsonssolicitors.co.uk/company/legal-team/susan-hughes
Download