What are the risks of a DIY divorce?

The rise of online divorce services and the introduction of the no‑fault divorce regime in England and Wales have made it easier than ever for couples to start the divorce process without instructing a solicitor. While this streamlined system offers speed and accessibility, it can give the misleading impression that divorce is purely administrative.

In reality, ending a marriage involves complex financial, legal, and practical considerations that are not addressed by the online divorce portal. As a result, people who choose the DIY route often encounter avoidable problems, sometimes years after the divorce has legally concluded.

Below are some of the most common and costly mistakes that we have seen in practice when individuals handle their own divorce.

1. Failing to obtain a financial consent order

Perhaps the most significant misunderstanding in DIY divorces is the assumption that a final divorce order (previously the decree absolute) automatically settles financial matters. It does not. Without a financial consent order, the financial relationship between spouses remains open indefinitely, meaning either party can bring a claim in the future. This includes claims against income, savings, pensions, business interests, or even assets acquired long after the marriage ends.

A consent order:

• provides a legally binding financial settlement
• prevents future claims (through a clean‑break clause where appropriate)
• records how assets, debts and pensions will be divided
• protects both parties from unexpected litigation later

The risks of skipping this step can be significant. There have been cases where ex‑spouses have successfully pursued financial claims years after divorce because no formal order was ever made. Even if you have amicably agreed everything, that agreement needs to be converted into a court‑approved order to be legally enforceable.

Many couples who do not have legal representation are not aware of this, leaving them unknowingly exposed. Securing a consent order is therefore essential, even where finances seem straightforward.

2. Underestimating the complexity of pension arrangements

Pensions are often the single largest asset in a marriage after the family home, yet they remain one of the least understood. A common DIY mistake is to ignore pensions entirely, or to assume that simply keeping your own pension is fair. In many cases, this approach produces a settlement that is significantly unbalanced and can compromise long‑term financial security.

Understanding pension arrangements requires:

• accurate pension valuations
• awareness of the differences between the types of pension schemes
• consideration of pension sharing, earmarking, or offsetting options
• professional advice where valuations are particularly complex

Some pensions, such as NHS, armed forces or police schemes, require specialist actuarial input. Calculating a fair division without this can lead to unintentionally unequal outcomes, particularly where one spouse has taken career breaks for childcare or has significantly lower retirement savings.

Overlooking pensions is one of the most common reasons people need to revisit settlements later, often at significant cost.

3. Using incorrect or incomplete court forms

Although the digital divorce portal has improved accessibility, many financial remedies still require traditional court forms such as:

• D8 (starting the divorce proceedings)
• Form A (starting a financial claim)
• Form E (full financial disclosure)
• D81 (statement of information for consent order applications)

DIY divorces frequently run into difficulty because forms are completed incorrectly, inconsistently, or without the level of detail the court requires. Common issues include missing sections or incomplete financial information, incorrect asset values, lack of supporting documents, and ambiguous or unenforceable wording in a proposed consent order.

When errors occur, the court may reject the application, significantly delaying the process. Worse still, poorly drafted consent orders may later be found to be unenforceable or unclear, potentially leading to disputes the order was meant to prevent.

Solicitors add value by drafting robust, enforceable documents that accurately reflect the parties’ intentions and comply with judicial expectations.

4. Assuming legal advice is unaffordable or unnecessary

One of the reasons people attempt DIY divorces is the belief that legal advice is prohibitively expensive. In reality, targeted advice at key stages (such as disclosure, settlement negotiations, or drafting the consent order) is often modest compared to the costs of repairing mistakes later.

Legal advice is particularly important if:

• there are children and you need clarity around arrangements
• one spouse earns significantly more than the other
• there are pensions, investments or overseas assets
• one party has received legal advice and the other has not
• the relationship, though amicable, involves financial imbalance

A legal consultation can flag risks, provide valuable reassurance, and help ensure you understand the long‑term implications of your decisions. Using a lawyer for limited‑scope services can help keep costs predictable and proportionate.

5. Letting emotion dictate financial decision‑making

Divorce is one of the most emotionally challenging life events. When people attempt to handle the process themselves, it is common for emotions (such as guilt, anger, urgency, or resentment) to influence financial decisions. This can lead to settlements that are either overly generous or unduly punitive, neither of which reflects a fair or sustainable outcome.

Our lawyers frequently see clients who have agreed to give up pension claims to “move on quickly”, or who have insisted on keeping the family home at any cost, or have rejected reasonable offers because of past hurt.

Key takeaway

Seeking legal advice on divorce helps distinguish emotional impulses from long‑term financial realities and ensures objective advice so that decisions are made with clarity and an understanding of the future implications, particularly for children.

This article is for general information only and does not constitute legal advice. Specific advice should be taken for specific circumstances.

For more information, please contact a member of our Family & Matrimonial team.