Divorce in the Digital Age: Why Going It Alone Could Cost You More Than You Think
In today’s digital world, it can be all too tempting to search for quick-fix legal solutions online, especially during times of financial pressure. Divorce is no exception. But while DIY approaches may seem convenient, attempting to navigate the end of a marriage without expert legal guidance can carry long-term consequences.
The Process: More Than Just a Formality
Although divorce applications are now submitted via an online court portal, the process is far from straightforward. A divorce begins with the application and cannot be finalised in under six months. It concludes with the granting of a Final Order by the Court, which serves as the legal proof that your marriage has ended. This document is essential should you wish to remarry.
But while the marriage itself may be dissolved, the legal ties—particularly in matters of property, finances and children—can persist.
Children: Responsibility Doesn’t End With Divorce
Parental responsibility continues after divorce. This legal concept refers to the “rights, duties, powers, responsibilities and authority” a parent has in relation to their child. Importantly, it’s possible for someone to have parental responsibility without being the child’s legal parent, and vice versa. Ensuring arrangements for your children are properly documented can help avoid confusion or disputes down the line.
Financial Connections: The Lingering Ties
A Final Order may end the marriage, but it does not automatically sever financial ties. Claims over capital, income, pensions and property can remain open indefinitely unless formally dealt with through a financial order made by the Court. This includes the possibility of claims being brought against your estate in the future if no financial settlement is reached.
In some cases, parties seek what is known as a “clean break” order, which ensures neither spouse can make future financial claims. However, this must be approved by the Court and should ideally be agreed as part of the divorce process.
The Re-Marriage Trap
Many individuals look to obtain a Final Order quickly in order to remarry. However, doing so without first securing a financial order can have serious repercussions. Once remarried, your ability to apply for certain financial remedies—such as lump sums, spousal maintenance or property adjustment orders—may be lost forever. While some financial claims can still be pursued via other avenues, such as the Child Maintenance Service, the scope is often limited, and your options may be severely constrained.
The Bottom Line
Divorce is a deeply personal and emotionally charged process. But it is also a legal one, with long-term implications. Seeking advice from a specialist family solicitor ensures that your financial and parental arrangements are secure, and your future protected.
At Moss Solicitors, we are proud to serve families across Loughborough and the surrounding areas. Our Head of Family Law, Rita Rathod, brings a wealth of experience, compassion and clarity to even the most complex family matters.
Don’t risk your future to a search engine. Speak to a professional.
Rita Rathod
Phone: 01509217770