While searching around for legal assistance for your divorce case you may come across many offers of cheap help and DIY divorces - often through paid online advertisements.

This marketing can easily mislead people about the process by making them believe that they can simply achieve the best outcome from their divorce with minimal spend - perhaps even for free if doing everything yourself.

Streamlined No-Fault Divorce procedure

Back in April 2022, the No-Fault Divorce procedure was introduced into Wales and England as a result of The Divorce, Dissolution and Separation Act 2020.

The HMCTS online portal allows divorce cases to be dealt with online, eliminating the need for paper applications and the risk of order getting lost in the post. Updates are instant and, in most cases, couples are unlikely to ever set foot inside a court as it progresses to final order.

It’s true that this change in law certainly streamlines the divorce process for litigants in person (those who choose not to have legal representation) and a simplification of the terminology that’s used makes it far easier for people to understand. Examples of these divorce terminology changes include the word “petitioner” now being known as the “applicant”, and “decree absolute” being dropped in favour of “final order”.

With divorce procedures now being more convenient and streamlined it’s easy for people to feel confident enough to tackle things without engaging divorce solicitors.

Read: Should you instruct a solicitor for your divorce?

Financial matters within divorce still greatly benefits from legal expertise

However, the divorce is only one part of the procedure - this legally ends the marriage and entitles both parties to re-marry if they choose to do so.

What doesn’t get dealt with is financial matters such as property and assets ownership, pensions, other investments and wills.

Even if both parties agree with how financial matters should be distributed, it is very likely you will benefit from using a solicitor to prepare all necessary paperwork to file with the court so that a final order can be made.

In the vast majority of cases couples are seeking a clean break which means once the final order is made, no further claims can be made in life or death from either party in relation to their past marriage.

When dealing with important financial matter during a divorce it is vital that you seek expert legal advice so that both parties can fairly meet their respective needs.

Read: Find the best South Wales divorce lawyers for you

Financial matters can often be decided without the need for any Court intervention, such as by way of mediation or negotiation and the exchange of financial disclosure. If there is an amicable agreement over financial matters between the divorcing couple, a “consent order”, which is a legally binding document that notes the financial intentions and which can include a clean break provision, can be drafted and lodged with the court for approval.

If mediation and negotiations fail between the couple, a request can be made for the court to intervene and make a discretionary decision. To reach their decision, the court will consider many factors, such as any children that may be involved, the duration of the marriage, the current needs - including financial - of each party, their resources, and more.

Resolving financial matters and the division of assets during divorce is rarely simple and straight forward, so we would strongly recommend that you seek expert legal advice. Furthermore, there are other financial aspects of your life that you may look to address in relation to the divorce, such as updating your will as soon as possible where necessary.

Here at Fonseca Law our expert team of family solicitors are on hand to help with your divorce case. If you’d like to discuss your case in more detail and learn more about how we can assist you, don’t hesitate to get in touch by calling 01495 303124, e-mailing enquiries@fonsecalaw.co.uk or by completing our simple online contact form.