In the digital age, and even more so during the pandemic, more and more people are turning to online services.
It is now possible to apply for a divorce online, and it is understandable that people will use this technology to try and make the divorce process as easy and as low cost as possible.
However, if you are using this option you need to be aware of the pitfalls and how to avoid them.
Online Divorce Pitfall #1 – Dealing With Financial Arrangements
The biggest danger of this process is that it does not deal with the financial arrangements between spouses.
An online divorce does not sever the financial ties that marriage brings about, to the point where even long after you are divorced your ex spouse can make a financial claim against you for property, assets, maintenance or pensions.
In recent years the Courts have seen financial claims being made more than 25 years after a couple’s divorce had concluded, and have taken into account the value of the assets now not at the time of separation.
This means that a former spouse could end up benefiting from assets acquired or built up years after the divorce concluded.
The divorce process itself is not costly.
Most legal fees are incurred in dealing with these financial issues, and therefore what many people do not realise is that a relatively small saving in costs now could end up being a much larger cost in the long term and in fact cause significant disruption to their lives.
Therefore it is extremely important for people to take expert legal advice in relation to the financial aspects of their divorce to avoid this significant risk.
Online Divorce Pitfall #2 – Timing of The Decree Absolute
A second major pitfall is the timing of the application for decree absolute, the final stage of the divorce process.
Making this application before a financial court order is in place, particularly if you have pensions, puts you in a vulnerable financial position, and you could lose your share of a valuable matrimonial asset.
A financial court order is essential to protect you from these risks. An informal agreement between you and your spouse is not binding.
Sinclair Law are here to help you avoid these pitfalls and ensure you are financially protected in the future.
Whilst there will be a cost for obtaining advice, it could be a fraction of the cost that would be incurred if you did not take this step.
We are happy to assist you if you wish to divorce online and only require advice in relation to the financial implications.