The Dangers of Divorce Without a Financial Settlement

The Dangers of Divorce Without a Divorce Financial Settlement

As many couples seek to streamline their divorce process and cut costs, the concept of a “Do-It-Yourself” (DIY) divorce has gained traction.

While it can be a viable option for some, it carries inherent risks, particularly when it comes to unresolved financial matters.

The dangers of moving forward with a DIY divorce without a financial settlement can range from minor inconveniences to serious, life-altering consequences.

The recent change to the divorce law in England and Wales has made it easier for couples to file their own divorce.

The digital portal is a modernised process compared with the traditional paper process.

Divorce is still a legal process with potentially serious financial implications if you don’t understand the process and deal with your finances.

So, yes, a no-fault divorce has made it easier to do yourself, but here are the dangers of going alone and not obtaining a financial consent order.

Here are four potential dangers to getting a divorce without a financial settlement:

1) Lack of Legal Guidance

In a DIY divorce, you’re essentially navigating the legal process without professional assistance.

While this can save on solicitors fees, it might also leave you vulnerable to errors and omissions.

Financial matters in a divorce can be complex, involving issues such as property division, spousal support, and child support.

Reaching a financial settlement that is both fair and reasonable is a complex task.

Without expert advice, you may overlook significant aspects, which can lead to an inequitable distribution of assets.

Furthermore, not getting support or advice from experts can leave you in the dark if any of the following happens:

• What happens if my ex hasn’t disclosed all of his assets?
• What happens if my ex breaches the agreement we’ve reached?
• What happens if my husband transfers money out before the divorce?
• What happens if the Judge rejects our financial agreement?

2) Binding Decisions

One of the most notable dangers of proceeding with a divorce without settling financial matters is the potential permanence of the decisions you make.

Once a divorce is finalised, reversing or modifying the financial arrangements can be a complex, time-consuming, and costly process.

It’s vital to understand that decisions made during divorce proceedings often have long-term implications.

Don’t leave your finances to chance. Find out what you’re entitled to in a divorce and then research examples of typical divorce settlements to get you on the right track.

Not receiving court approval to end your financial ties is the #1 mistake couples make who opt for a DIY divorce.

3) Potential for Conflict

Unresolved financial issues are a common source of conflict during and after a divorce.

If financial matters are not properly addressed in the divorce process, disputes can re-emerge down the line, causing stress and potentially leading to legal battles.

4) Risk of Financial Loss

Without a thorough understanding of your financial situation, and a formal financial settlement, there’s a risk of suffering financial loss.

This could be through an unfair division of assets, or by inadvertently taking on more debt than you anticipated.

It’s also possible that future assets or earnings could be claimed by your ex-spouse if the financial ties were not completely severed during the divorce.

Having expert divorce settlement solicitors by your side can ensure you achieve a fair and equitable distribution of all assets and protect your financial future by removing the prospect of financial claims.

How we can help you

While a DIY divorce might seem appealing, especially when you’re eager to move on, it’s essential to take a step back and consider the potential consequences.

Unresolved financial issues can turn what was meant to be a straightforward process into a protracted, expensive ordeal.

It’s recommended to seek legal advice before proceeding with a divorce, especially when there are significant financial matters at stake.

This doesn’t necessarily mean you’ll need to hire a lawyer for full representation, but even a consultation can provide valuable insights and help you avoid potential pitfalls.

Remember, divorce isn’t just about ending a relationship; it’s also about safeguarding your financial future.

Be cautious, be thorough, and don’t rush the process.

Get a free initial consultation by calling 01793 384029 or speak to a live chat adviser.