Partner Article

Online Divorces: rarely cheaper, never faster and problematic

ALTHOUGH divorce rates have fallen from their peak and more marriages last beyond the traditional ‘seven-year-itch’, a greater proportion of couples are ending their relationships by opting for supposedly ‘quickie’, low-cost online services.

While this may seem an attractive route for couples struggling with mortgage re-payments, paying off university loans or changes in legal aid, even amicable divorce is rarely so straightforward that it can happen without specialist legal advice, a leading North and East Yorkshire family lawyer warns.

In many cases, those choosing the ‘quickie’, ‘do-it-yourself’ route, are likely to have to re-visit unresolved difficulties because they have failed to take proper advice on issues including jointly-owned property and investments such as pensions, says partner and head of family law at Harrowells Solicitors, York, William Kaye.

Office for National Statistics (ONS) figures show that there were 114,720 divorces in England and Wales in 2013. The proportion of divorces was highest among couples aged between 40 and 44. Forty-two per cent of marriages end in divorce and about 320 couples file for divorce each day.

William Kaye, a qualified collaborative family lawyer, says: “In a busy competitive world, where people are short of time and urged always to seek out bargains, it is easy to see why the DIY approach appeals. Superficially, it looks good. Some online providers apparently offer a divorce for under £40.00.

“However, there is still the £550 court fee to pay. Even this covers only the divorce papers. The process covered by the payment doesn’t resolve the often-significant legal complexities of sorting out financial or childcare arrangements. Even if couples start amicable proceedings online, it is often the subsequent legal wrangling about these issues which sends divorce costs soaring.

“Even if there is a perception, or assumption, that on-line divorce is somehow faster, there is actually no such thing as a ‘quickie’ divorce. It is a fixed process and the timescale, usually between four and six months, will be the same, whether it is dealt with by an online service or by a lawyer, the main difference being that the latter will be more thorough.”

William Kaye, a Resolution-accredited specialist in advanced financial provision and in handling international child abduction cases, adds that, although the personal decision to part may be simple, legal settlements can be highly complex. Gaining agreement about issues that may have a profound effect on the couples’ future merit thorough analysis, achievable only by at least one formal face-to-face meeting with a family lawyer.

He adds: “Even where the feelings of the two parties may be clear and there are no children or large jointly-owned assets, such as a family home, and the couple agree not to contest each other, divorce can still result in traumatic and complicated legal actions.

“A thorough face-to-face meeting with an experienced family lawyer who can explain the issues is a crucial first step towards resolving the practical matters. Who will live where? How will possessions be divided? Who really owns what? Is there a pre-nuptial agreement? What arrangements must be made for any children?

“The inadequacies of online divorces are exposed most in cases where there is, or maybe, a future imbalance between the parties, such as a husband in a highly-paid job and a wife who cares for young children, or elderly parents, at home, or if one side is obfuscating issues such as their true financial position by not disclosing bonuses or having hidden investments, perhaps overseas.

“In these cases, creative solutions based on a thorough analysis of all the known issues are often needed to achieve a settlement that makes best use of the assets within a marriage while addressing the different needs and expectations of the divorcing couple. Relying on an online divorce template could result in one or other party not getting their proper legal share of the assets and, sooner or later, this must be addressed or become a matter of long-term regret.

“An initial face-to-face meeting can allow a lawyer to explain some of the financial complexities to help divorcing couples understand the many issues and how a court will consider them in a way which can save time, trouble and stress, if not also money, in the long run.

“The law allows divorce courts very wide discretion on what the financial settlements can be. For this reason online templates are usually unworkable because every relationship, marriage and divorce settlement is different.

“Online divorce can be appropriate in only a very small proportion of divorces with very simplified circumstances. A poorly-managed divorce via an online template can add cost and time to the divorce process and a great deal of stress. Even if couples are adamant that they wish to end their marriages online, they should always seek proper legal advice to resolve the practical matters first.”

Harrowells Solicitors offers a wide range of legal services to commercial, farming and private clients. The firm has three offices in York and others in Pocklington, Easingwold and Thirsk.

This was posted in Bdaily's Members' News section by Mike Clarke Communications .