Debunking the myth of divorce without lawyers

Debunking the myth of divorce without lawyers

Introduction

Divorce is one of life’s most emotionally charged experiences. It’s no surprise that many couples seek to navigate it as peacefully and cost-effectively as possible. Enter the rise of tech-based, lawyer-free divorce platforms. Services like Amicable or Divorce Online promote themselves as modern, family-focused alternatives to traditional legal routes – offering online tools, emotional support, and the promise of saving thousands in legal fees. But how accurate are these claims? In this article, we’ll unpack the realities behind lawyer-free divorces, debunk common myths, and explore the potential pitfalls of “DIY” divorces.

Myth #1: It’s cheaper without lawyers

According to the Amicable website, “You don’t need lawyers to get divorced. And when families choose Amicable over adversarial, everyone wins”. While their team includes professionals with legal knowledge, they do not act as regulated solicitors or provide independent legal advice to either party.

This option can be suitable for couples who are aligned on key issues, but it’s important to understand that without individual legal representation, there is a risk that one party’s interests may not be fully protected. This is especially true in cases involving complex finances, pensions, or child arrangements, which can lead to hidden costs in DIY services, such as outsourcing pension experts or financial planners.

These additional services can quickly turn a seemingly low-cost option into a more expensive one. For example, while Amicable’s base fee may start at £1,200 and Divorce Online offering divorce services from £199 – later highlighting the £612 court fee – the need to outsource consent orders, pension advice, and pay court fees can push the total cost above that of a fixed-fee solicitor package.

According to the MoneyHelper Divorce and Separation Guide, hidden costs in DIY divorces (e.g. pension valuations, financial advice, consent orders) can exceed £1,000. In contrast, many traditional firms offer comprehensive divorce services for a fixed fee, which includes legal advice, document preparation, and court liaison.

Myth #2: We can use one service together

While some couples enter the divorce process with the intention of keeping things cordial, especially when they initially agree on how to divide assets, this can quickly unravel. Divorce inherently involves a breakdown in the relationship, and with that comes potential conflicts of interest. Even in seemingly straightforward cases, emotions, financial complexities, and differing priorities can surface unexpectedly. That’s why independent legal advice is essential, particularly in situations involving children, significant assets, or power imbalances. Without it, one party may unknowingly compromise their rights or future security, making the case for solicitor involvement even stronger. For example, in a 2021 study by Which? Legal, 1 in 3 people who used online divorce platforms reported feeling uncertain about their legal rights during the process.

Solicitors frequently assist clients who began with a DIY approach but later realised they needed a more tailored legal approach to protect their individual interests. This means that ultimately, the initial savings can quickly be outweighed by the cost of correcting mistakes or resolving disputes down the line. A 2022 Resolution survey found that 62% of family lawyers had clients who initially tried a DIY divorce but later needed professional help due to complications.

Myth #3: Tech can replace legal expertise

One of the key selling points of online platforms is their use of technology to simplify the divorce process. While digital tools like apps and automated forms can be helpful for basic administrative tasks, they often fall short in more complex scenarios. For example, an online form may not be equipped to handle issues like international assets, trust structures, or safeguarding concerns. These scenarios require an understanding of how the law applies to individual circumstances.

Legal professionals are trained to identify risks, anticipate complications, and ensure that agreements are legally sound and tailored to the clients needs. Technology can support the process, but it cannot replace the value of regulated legal advice. This is especially true when the stakes involve long-term financial security, parental rights, or property division.

Myth #4: We don’t need court

Not every divorce requires court. However, court involvement is still essential for certain legal protections. For example, if you want your financial agreement to be legally binding, you will need a consent order approved by the court. Without this, informal arrangements can be challenged later, even years after the divorce is finalised and arrangements were made with good intentions. This is particularly important with property division, pensions and child arrangements.

Without a court-approved order, one party could return to claim additional assets or dispute parenting agreements. In the Dale Vince v Kathleen Wyatt (2015) case, a £300,000 settlement was awarded decades after the divorce was settled, due to a DIY divorce without a financial order. According to Gov.uk, over 40% of financial orders submitted without legal help are rejected or delayed due to errors or missing information. Solicitor-led divorces ensure that these agreements are properly drafted, submitted, and legally enforceable, giving both parties peace of mind and long-term security.

What we offer that DIY services don’t

At Gilson Gray, we offer a holistic approach to the divorce process. We acknowledge that clients will have different needs when it comes to their divorces, whether that be a 30-minute free consultation with a divorce coach to offer emotional support, expert guidance on a consent order, or a successful team during litigation. As a full-service firm, we’re able to offer advice across law, finance, and property, ensuring that every aspect of your separation is handled with clarity and expertise.

Final thoughts

Ultimately, it’s important that anyone considering divorce explores all available options with a clear understanding of what each route entails. While DIY platforms may suit some couples, they often come with hidden costs and limitations that aren’t immediately obvious.

At Gilson Gray, we offer a free 10-minute consultation with one of our family lawyers to help prospective clients understand their options and make informed decisions. Divorce is a significant life event, make sure you’re supported by a team that’s equipped to protect your future.

If you need advice on child contact or any other family law matters in England and Wales only, please contact Sharan at Gilson Gray for a confidential discussion.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.