16th November 2023
DIY Divorce Lawyer’s Warning that couples are at risk. Divorcing couples are being warned to ensure they take out a clean break order or they may face expensive repercussions later. The warning comes from the family team at Wiltshire law firm Bevirs Law. They say since divorce rules changed last year, many couple are failing to finalise financial arrangements. Then they face difficulties further down the line.
‘The spring of 2022 saw the dawn of a more peaceful way to end a marriage. That dae brought about the welcome removal from the statue books of finding fault’ said Michelle Bowyer, Associate Solicitor at Bevirs.
‘Since then, couples have been able to get a divorce by citing that their marriage has suffered and irretrievable breakdown, without the need to provide the reasons for the breakdown. This offered a monumental shift in matrimonial legislation .All of us that have spent many years managing the emotional and financial fallout welcomed the change. It’s so much better than having to force one party to take the blame for their marriage failing.
Simplifying the rules
But, Michelle said simplifying the rules meant it was no longer necessary to use a solicitor. Those opting for a DIY divorce, without taking any advice, are all too often failing to get the all-important clean break order.
Bevirs Law had a case where the client had divorced his wife but didn’t get a clean break order. He’d received no legal advice at the time of the divorce. Some five years after his divorce, he was made redundant and received a lump sum of £100,000. His ex-wife issued an application to the court who awarded her £18,000. In addition to which the client had accrued legal fees. This couldn’t have happened had he secured a clean break order at point of his divorce.
Recent research from the Nuffield Foundation revealed only two in five people get legal advice during their divorce. Only a third of couples finalise their finances by obtaining a clean break order. And only 10% of divorces have an inclusion of a pension sharing order.
Michelle said: ‘Parties to a divorce who don’t get a financial order at point of divorce are exposing themselves to the risk of a future claim against their assets. And further they may be missing out on securing a share of the assets, including by way of pension sharing order.’
The family team at Bevirs Law offer a fixed fee initial interview. At that, they’re likely to recommend a DIY divorce. Even so they’ll offer analysis of the matrimonial finances and advise on any financial consequences of the marriage breakdown.
For more information visit Bevirs Law at www.bevirs-law.co.uk. The firm has offices in Calne, Royal Wootton Bassett and Swindon.
