Divorcees without solicitors 'lose out by making common mistakes'

A major new study has revealed that many people going through divorce without legal advice are making avoidable mistakes and reaching poor financial settlements. With widespread misconceptions about how assets are divided—such as the belief in an automatic 50/50 split—the research highlights the risks of navigating separation without professional guidance.

Couples who divorce without seeking legal advice often make costly mistakes and endure unnecessary stress, a new survey suggests. This may come as a surprise to some people, but the reality is that understanding from professionals what you are legally entitled to in a divorce process, is extremely important. The study, involving 20,000 people in England and Wales, tested the public’s understanding of divorce laws, particularly around splitting finances following a marriage breakdown.

Emma Hitchings, professor of Family Law at the University of Bristol, co-led the research and found a "substantial lack of knowledge" among those separating. A common misconception is that assets are automatically split 50-50, with nearly a third of respondents believing this to be the case. It is correct that in most cases, this is the starting point, however, the court has to consider other factors before it determines whether there should be a 50/50 division, or the parties should depart on that. Amongst other factors, the court will take into account the length of marriage, the needs of the parties or whether there are children of the marriage.

Professor Hitchings warned that people increasingly rely on their "own solutions" when dividing assets, particularly since legal aid is no longer available for most family cases. She described financial settlements as "highly discretionary and a legally difficult concept". A lack of legal advice often leads to "poor settlements", Professor Hitchings said, as many people base their decisions on misunderstandings of the law.

"This is the first national study to assess what people know about how assets are shared on divorce," she said. "Perhaps unsurprisingly, misconceptions are widespread, and knowledge is patchy as the laws can be complex. Some form of early legal advice and information for all divorcees should be a policy priority."

Ash Patel, programme head of justice at the Nuffield Foundation, which funded the study, supported calls for "earlier and more accessible legal advice" to prevent "unsatisfactory and unfair financial arrangements".

The importance of obtaining early legal advice when someone is going through a divorce cannot be emphasised enough. It is for this reason that J&P’s Family team offers a free half an hour initial consultation, to ensure that anyone that is going through a separation can have access to that early initial advice.

Please contact us on 020 8290 0333 or email info@judge-priestley.co.uk if you would like more information about the issues raised in this article or any aspect of divorce and family law.

For further information on our Family Law services, click here.