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According to the latest figures, the chances of a married couple getting divorced in England and Wales is over 40%. The good news though is that in the UK divorce laws are simple and the guidelines for the same are laid out very clearly. It is fairly streamlined and is quite painless if the divorce does not fall in the ‘contested’ category.

 

Basically, there are three parts to the procedure:

 

1.       The legal process to end the marriage

 

2.       Arrangement for any children of the marriage

 

3.       Ancillary relief proceedings which decide the settlement of the financial matters between the two parties involved and is a separate process to divorce petition

 

In case an individual finds himself in a situation where divorce seems more practical than trying to reconcile the relationship, then the first step to divorce process is a two-fold test that has to be cleared. The first part of the test is the time limitation. One cannot submit a petition to divorce unless one has been married for more than a year.

 

Once past this test, one needs to file a petition seeking divorce listing out reasons for irretrievable breakdown in marriage. The law has laid down five reasons for this, anyone of which has to be proven to show irreconcilable differences between the two spouses:

 

1.       Adultery of the Other Partner: The onus of proving it with proof is on the aggrieved party. Also, there is a time limitation applicable here also.

 

2.       Unreasonable Behaviour of the Spouse: It encompasses most of the reasons stated as the grounds for divorce. It has a very loose definition and varies from case to case.

 

3.       Desertion for a Period of no less than Two Years: To be proven by person initiating the divorce proceedings.

 

4.       Separation with Consent for at least Two Years: Proof of the same is required.

 

5.       Separation without Consent (after Five Years): Proof is required from the petitioner.

 

Having established that one has requisite grounds for divorce, one can file the petition for divorce. A separate statement of arrangement needs to be filed showing the proposed arrangement if there are dependent children (under 16 years) or children in full-time education involved. At this stage it becomes necessary to involve a divorce solicitor. Generally, divorce in England and Wales is not a difficult process as it is understood in most cases that the two parties agree that divorce is the only option left to them.

 

The ease of divorce process notwithstanding, effects of divorce on people’s personal lives and families everywhere are pretty much similar. Obtaining a divorce might be a simple process in the UK but it is still a costly affair. This compounded with other financial implications of a divorce like house change resulting in job change, hefty alimony etc. leads a lot of people trying to save money to opting for DIY(do it yourself) divorce. According to UK law, it is not mandatory for either of the parties to hire a divorce solicitor.

 

In these cases, the involved people can act as their own divorce lawyers. They can take care of all the necessary formalities and paperwork themselves. They fill all the forms, deposit these at court, take the decrees, make their divorce final and go their separate ways. These kinds of divorces are becoming increasingly popular because of monetary benefits.

 

There is only one hitch in playing your own lawyer for your own divorce. It is allowed to do this only if there is no dispute between the involved parties whatsoever. These could be regarding division of marital assets, maintenance or custody of children and so on. In the absence of any of the above mentioned factors, there is no reason why one cannot play the lawyer and process one’s divorce and manage to limit the legal expenses to the bare minimum.

 

However, in the other case when there is property or custodial disagreements between the partners, the divorce process can become quite ugly especially when there is a lot of money involved or when both the parents want the children to stay with them. In such cases, being one’s own lawyer and not hiring a solicitor for legal guidance can cause serious disadvantages as compared to the other partner.  This can lead to greater financial and emotional losses than the legal costs one is trying so hard to save.