Beware online divorce services

While many couples celebrated their love on Valentine’s Day, such jubilation will not have reached those going through the divorce process.

Even an amicable divorce process can be lengthy, expensive, and marred by tough moments and unexpected complications.

For this reason, more and more couples are turning to online divorce services, which offer seemingly quick, easy, and affordable solutions.

However, legal gaps and lack of thorough guidance means that online divorce services often leave families in dangerous positions without key financial arrangements.

Why online divorce services are risky

There are many potential hazards for couples seeking online divorce services:

• Many online divorce providers are not regulated and do not have Professional Indemnity Insurance (PII). This means that clients can be left without recourse if they receive poor advice or if errors occur in their divorce and financial documents.
• Online divorce providers often quote initial low fees, only to request an additional £593 court fee from clients to complete the application. Refunds are not usually offered, meaning individuals can find themselves trapped into proceeding with the service.
• The reason that online divorce providers can offer alarmingly quick dissolutions is because they overlook financial settlements. This can mean that divorces are finalised before a financial order has been put in place, leading to acute consequences (such as losing the right to share pensions or dispute another’s income claims).
• Online divorce providers usually do not provide proper legal advice or full disclosure, leaving clients uninformed and misled.
• Divorce law is designed to be flexible to accommodate the different needs of each couple. However, online divorce providers offer less tailored services and often fail to identify vulnerable clients and their needs.

How to counteract these risks

If you are considering using an online divorce provider, you should thoroughly research different options and consult reviews.

Undertake your due diligence:

• Read the terms and conditions carefully.
• Review the refund policy.
• Ensure that the provider has PII in place.
• Investigate the complaint handling process and what options are available if things go wrong.
• Check for any unfair limitations on compensation or damages.

Seek the advice of an expert family lawyer to evaluate any agreements that have been made and make sure that your financial affairs have been settled before you apply for the final divorce order.

Our family lawyers are highly experienced in helping clients navigate the difficulties of divorce. We provide independent, tailored legal advice necessary to protect your interests and ensure that you receive fair and considered outcomes.

For further advice on protecting your interests in the divorce process, please contact our team and find out how we can help.

Many couples find 14 February to be the perfect day for a romantic marriage proposal, so if you find yourself popping the question on Valentine’s Day, you’re not alone.

However, you cannot forget about the importance of protecting your assets just because love is in the air.

Although thinking about the possibility of divorce isn’t a particularly romantic activity, it is nevertheless a vital legal consideration.

What is a pre-nuptial agreement?

A pre-nuptial agreement is set up before a marriage is formalised. It is an agreement between the two partners, designed to set out financial arrangements and protect their separate property in the event of a permanent separation.

It is also possible to establish these arrangements after the marriage has taken place. This constitutes a post-nuptial agreement.

Such agreements are not currently legally binding in the UK but were given legal weight in certain circumstances by the Supreme Court ruling in the case of Radmacher v Granatino in October 2010.

This means that courts are increasingly accepting pre- or post-nuptial agreements as proof of a couple’s intentions should they wish to divorce.

Should I put a pre-nuptial agreement in place?

The decision to put a pre-nuptial agreement in place requires careful consideration by both parties.

For some couples, it would be a pragmatic piece of forward planning that removes potential areas of conflict. For others, setting up such an agreement would be unthinkable.

If there are children from a previous marriage or relationship, their parent may well want to ensure that any money or property that they have at the time of the marriage is preserved for those children, rather than going to their new partner.

What to consider when drawing up a pre-nuptial agreement

There are several factors for both partners to consider when drawing up a pre-nuptial agreement.

First and foremost, both partners should take independent legal advice (and, if necessary, accountancy advice) before entering into an agreement. This protects both partners against any future claim that they were pressurised into entering such an agreement

Couples should also ensure that they:

• Allow plenty of time (at least 28 days before a wedding) for the drawing up of an agreement.
• Are prepared to fully disclose all assets and financial circumstances.
• Make it clear in the agreement what happens to the assets belonging to each partner before the civil partnership or marriage, as well as those accumulated during the relationship (including what will happen to the couple’s home, in terms of who lives there and the division of proceeds if it must be sold).
• Include review clauses (for example, on the birth of a child or in case of an inheritance).

You should always seek professional advice tailored to your own circumstances before entering into any arrangements.

Our dedicated team of family lawyers can help you to ensure that your assets are protected, leaving you to enjoy your wedding day stress-free.

To find out more about how we can help you set up a pre-nuptial agreement, please get in touch.