Cash-strapped couples who have reached the end of the road in
their relationship are increasingly turning to divorce websites in
an attempt to save money, but family lawyer Angela Davis of
Nottingham law firm Berryman, warns such websites could be a simple
case of false economy.
"In these difficult economic times, many divorcing couples are
tempted to look to the internet and consider using an online
divorce provider in an attempt to save on finances at what is
already a difficult time," says Angela. "However, many of the forms
and guidance notes available on these websites are in fact readily
available free of charge from the local county court office,
something few of these websites make clear.
"Essentially, using an online website means you actually
represent yourself and act as your own lawyer. The online divorce
sites usually carry numerous disclaimers making it clear that they
are not your lawyer and are just assisting you by preparing the
papers on your behalf.
"In a very straightforward case where there are either no
children or no dispute regarding the arrangements for children, nor
a dispute regarding financial matters, using an internet provider
could be a sensible option. However, if a case is that
straightforward an even more sensible option may be to consider
'acting in person' and dealing with the divorce yourself, cutting
out even the internet provider and saving the associated costs of
this route."
Angela warns people choosing to use internet providers to be
very cautious and select carefully: "Often it is the case that the
provider will not continue with the case should any problems arise
or if they do there will be a 'loophole' allowing them to charge
additional fees over and above any fixed free quoted. In these
circumstances, using such a provider could well prove to be more
expensive than instructing a solicitor to provide a bespoke service
at the outset."
If there is any dispute regarding the arrangements for children
or financial matters, people should be especially wary. "Even in a
case which appears to be amicable and straightforward at the start,
problems can often arise at a later date," says Angela. "I would
strongly advocate obtaining good quality legal advice from a
solicitor at the outset."
She explains: "In the last few weeks, I have recently been asked
to help out in two separate cases where the divorcing parties had
initially instigated divorce proceedings through using internet
providers. In each of these cases the internet providers were based
in Wales and presumably as a consequence divorce proceedings were
issued in Welsh Courts. Divorce proceedings can be issued in any
court in England and Wales and do not have to be issued in a court
where the parties live. However, in both cases, the internet
provider failed to forewarn the parties that should there be any
dispute regarding financial matters any financial application would
have to be made in the same court which dealt with the
divorce.
"Problems have now arisen with the finances, and the clients are
now faced with the prospect of travelling to Wales to have these
claims addressed - something they understandably do not relish.
This also has cost implications for them all. So what appeared on
the face of it to be a 'cheap divorce' in the short term could now
prove to cost considerably more in the longer term."
There are various risks and pitfalls involved in dealing with
your own divorce and/or instructing an internet provider. "In my
view," says Angela, "there is no substitute for obtaining good
quality legal advice, tailor-made to each individual's particular
requirements."