A number of couples make the decision to do their own
divorce without using lawyers. There is, of course, no requirement to use a
solicitor but there are potential pitfalls.
Firstly, the respondent (the receiving party) can be ordered
by the court to pay the costs of the petitioner in relation to the suit for
divorce. The costs may only include the
court fee of £410, which is payable at the point at which the petition is
issued, but both parties need to be aware of the court’s ability to make such
an order and what may need to be done if the respondent wishes to oppose the
making of such an order.
Some petitioners do not complete the final section (part 10)
of the petition for divorce to confirm that they seek financial remedy orders
such as a lump sum, transfer of property or pension sharing order. It is essential, in most cases, for this
section to be completed in order to enable the petitioner to preserve their
financial claims, which will then lie dormant on the court file.
If the petitioner does not preserve their claims and then
remarries, without having made an application to the court for a financial
remedy order, then their claims, arising out of the divorce, are potentially
lost. This is known as the “remarriage
trap”. This pitfall applies, equally, to
the respondent who may remarry after the divorce but without making an
application for a financial remedy order.
Benjamin Carter is a solicitor in the family team and can be
contacted on email@example.com
in the event that you have any queries.