Money is tight, the marriage is over, everything is amicable and you have both agreed that you should get a divorce. Why not go for a cheap internet divorce?
After all, you just need to end the marriage and get on with your lives; why bother with solicitors and legal expense? The more you save on legal cost, the more there is for each of you and for the children. Winners all round. Right?
Well, yes and no. If there are no assets held by each of you, or together, and no children, and no pension, and you have a low income, then this might be the way forward. If this doesn’t apply, then beware, and think hard before you go down this route. Some money spent now, on proper legal advice, will be well worth it in the long run. Britain has the highest divorce rate of any country in the EU. In 2011 there were 118,000 in England and Wales. Most of these people need clear, independent and experienced legal advice before they finally sign off on the marriage and all of the financial consequences.
Consider the case where there is a house, in joint names, and there is an agreement between husband and wife that she will stay there until the children are grown up. The husband is to pay the mortgage until the children leave. On the wife’s side, what security is there to make sure that he does pay the mortgage? On the husband’s side, how does he ensure that there is a sale when the children leave? What happens if the children never leave? If the wife is paying the mortgage, what credit will she get for all those payments when the house is finally sold, if there is nothing to ensure that she gets more out of the house in the end?
What about the case where the parties are, say, early fifties; there is a large pension, held by the husband, and the wife is under pressure to agree a sale of the house immediately without any prospect of a pension share? She might be offered a bit more from the house but where is the recognition that she has no pension, and very little chance of being financially independent in her old age?
What about the husband, left with the children, while the wife leaves to pursue her career path, without any recognition of the cost of bringing up the children and the need to keep a roof over their heads?
What about the husband who leaves, and wants to get on with his life, and does well a few years down the line? How can he ensure that in the future the ex-wife doesn’t pop up and make a claim for financial relief? In a recent case the wife applied to the court for money, many years after the divorce, since her ex- husband had made a lot of money in the meantime. When they split up they were both hippies with nothing to their name, and it didn’t seem important then to finalise anything. It is pretty sure that the husband regretted that decision when he had to finance a large legal bill twenty odd years down the line, to fight off her claim.
So, there are very few cases where people don’t need to have independent legal advice; why not do it on the internet though? There are many firms that are branching out into legal representation via the internet. “Quickie divorce” sites abound. They offer divorce services and “consent order” services at a reduced price and there is a reason for this – the work is carried out by “paralegals”, who process forms and fill in applications on a one size fits all basis. There are frequent references to “experts”, “specialists” “legal professionals” and “trained staff”. But the sites are rarely specific about who will be doing the work, and their experience and qualifications.
What is a paralegal? The term can apply to anyone who is carrying out legal work and they do not need to be qualified to do so. Most internet firms will be using such staff to carry out the work in order to improve the profit margins. Having looked at a number of the websites, the claims made for the services that they produce seem to be optimistic at best, and downright misleading at worst. For example, the claim that you can “Get a Divorce for £45” ignores the fact that the court fee itself is £410.00!
It is true that many solicitors charge a lot, but if you take your time, and look around, there will be solicitors who can give you fair, considered advice which is tailored to your circumstances. At Harrington Family Law, we are able to offer fully qualified and highly experienced advice and representation at a lower cost than our competitors. There are many sole practitioner firms and small firms who are able to offer this service, and who can offer flexible payment options to suit your needs and budget. Most firms will also offer a first free or low cost initial advice service, and you will be able to make a decision about the representation you need after having a chat and a think about the issues involved in your case.
Marriage is a serious institution; it needs to be considered seriously before taking the plunge. The dissolution of a marriage deserves the same consideration. Skimping on the cost at this stage could simply be storing up more problems, and higher legal costs, for the future.