Co-op divorce: is a fixed fee £99 divorce the answer?

The Co-operative supermarket chain, announced last week that it was launching a range of “family law products”, to include DIY divorce packages starting at £99 as well as prenuptial agreements and cohabitation agreements.

This isn’t a new phenomenon, in fact there are a number of law firms across the country that offer cheap, fixed-fee or no-fee divorce packages. Many of these packages including the Co-operatives’ cheapest solution, which works out to £503.50 including VAT and court fees, simply provide you with a step-by-step guide to administering your own divorce along with all of the forms that you will need to make it legally binding. For an additional fee you are, in most cases, also able to pay to have your documents checked by a legal professional or make individual appointments to discuss your case with a solicitor.

I am sure that, at first glance, this seems like a fantastic proposition, and if you are in a position where you have no children, no money, no assets (properties), no businesses and the break-up is amicable then this may indeed be a cost effective way for you to process your divorce.

However as a seasoned family lawyer, having dealt with more than 1,000 divorces, one thing has become abundantly clear to me- no divorce is ever the same. Everybody is different, our personal circumstances vary greatly and we all manage different situations in our own ways. It is therefore very difficult to make a ‘one-size-fits-all’ divorce solution work effectively. That principle is at the core of the many pitfalls that I can see with such packages.

The Pitfalls:

  1. You and your family may have unique and specific needs that exclude you from being able to utilise the fixed fee model.
  2. You may need access to a plethora of other services including:
    1. Mediation
    2. Counselling
    3. Child psychologist
    4. Debt advice
    5. Independent financial advice
    6. Actuarial advice (Pensions advice)
    7. Valuation advice
    8. Business/corporate advice
    9. Probate/wills advice

Proceeding with an online/DIY divorce without meeting with a solicitor to discuss your circumstances, could have a knock on effect that seriously impacts yours and your children’s lives in the future. At Hartnell Chanot & Partners we offer a FREE Initial Interview, to help you understand what services you are likely to need for your individual case.

  1. The Co-op pledges a transparent pricing structure and “no nasty surprises” ,while admirable and attractive to potential consumers, the prices quoted are likely to be blown out of the water once the additional hours of support are taken into account in more complicated cases.
  2. Having managed your own divorce, you may find out at a later date that an agreement you reached or a decision that you made has put you at a disadvantage. It may then be very costly, time consuming or even impossible to put this right.
  3. There is no percentage split or formulaic approach to divorce settlement in English Law. Determining a fair solution can be a very complex exercise that examines a number of factors particularly where children are concerned or where one party earns or has contributed more over the course of the relationship.
  4. There is a common misconception that once you divorce all opportunity for financial claims cease. This is in-fact not the case and you could end up facing a financial claim by your spouse years down the line against assets, income and pension provision that you had at the time or income, assets and pensions acquired after separation and divorce unless all matters are resolved in a legally binding manner.
  5. The paperwork associated with divorce, if you don’t fill it out on a regular basis, can be a very challenging process. At the core of this documentation is the Form E, a 29 page nightmare that can, depending on your circumstances, require hundreds of supporting documents.

If you really need to save money and you are set on DIY divorce the same forms that you are likely to get from the Co-op or any of the other DIY packages are available for FREE here www.courtservice.gov.uk and the Citizens Advice Bureau may be able to assist you with any queries or individual advice.

The reality is that a specialist family solicitor may be able to save you a significant amount of money in the long run. They will also be able to look at your situation and provide advice and guidance that is tailored to you, helping you to achieve the best possible outcome. At Hartnell Chanot & Partners we can provide a clear up-front personalised quote, before any work is carried out.

Whatever your circumstances, make sure that you choose a solution that helps you resolve these important, life changing issues completely and effectively so that you and your family can move on with your lives without any lingering stress or anguish.

Survive the summer with Relate

Exeter and District relationship counselling and advice service Relate is offering a series of tips and advice to help families navigate the long summer holidays.

The Summer Holiday Survival Guide will be using Facebook as a forum to share advice tips and ideas to make this summer more fun and enjoyable for the whole family.

Veronica Beckett, Relate said: “The awful weather has been putting a strain on all of us recently and if you are dreading the schools breaking up for the long holiday and the likelihood of continuing rain, then it’s time to start planning now. ”

She also commented: “We are also hoping that people will come onto our page and share their ideas with other members of the community.”

To find out more or add some tips of you own click HERE

Don’t get caught out of pocket following a divorce!

It is a common misconception that once you have divorced and obtained your decree absolute, then all matters between you and your formal spouse come to an end. Unfortunately this is not the case. A Decree Absolute, which dissolves marriage, does exactly that, it just ends the marriage. The financial aspect of a divorce is a completely separate issue, not covered by the Decree Absolute, and therefore unless you take the necessary action to protect your finances you could be leaving yourself open to a whole variety of claims in the future from your ex spouse.

Often people who have very few or no assets at the time of their divorce fall into this trap, believing that they do not need to take any action in relation to their finances, because there isn’t anything available at the time.

What many people do not realise is that your Decree Absolute does not dismiss the financial claims which your former spouse could bring against you! This means that, in the future, your ex-spouse could at any time issue a financial claim for a share of any money, or assets which you have, including anything which you have subsequently inherited, or if your lucky enough won, such as a lottery winning!!

Is this unfair? Well perhaps, but unfortunately that is the position of the law.

So how do you get around this? Naturally nobody’s circumstances will ever be the same and the advice you are given will obviously depend on the assets which are involved in your specific case. However upon a divorce you may be advised to obtain a Clean Break Order. This Order effectively draws a line under your finances with your ex spouse, meaning that all future financial claims that your ex spouse could bring against you are dismissed.

Whether a clean break is suitable for your case will depend on a number of factors, and that is why it is essential that you obtain legal advice to ensure that you take the most appropriate action to protect you and your finances upon your divorce.

It could prove to be money well spent!

Local Support Services

Family Issues and Parenting Support

  • Belmont Chapel- parenting courses (Exeter)
  • Cafcass – the Children and Family Court Advisory and Support Service
  • DISC – the family information service for Devon
  • Home-Start – support and friendship for families in their own home
  • Relate (Exeter & District) – supporting individuals, couples and families through all stages of their relationships

Family Mediators, Psychologists and Counsellors

  • Devon Family Solutions Ltd – based in Exeter, DFSL provides a range of services developed to assist those experiencing family change. Family Mediators, Psychologists and Counsellors offer support to anyone involved in family legal proceedings in the South West.

Domestic Abuse

  • ADVA – Against Domestic Violence and Abuse, Devon
  • Exeter Women’s Aid – 01392 667144
  • Stop Abuse For Everyone (SAFE) – charity providing refuge and support services

Free Fact Sheets