The 'common mistake' people make when divorcing

An expert says thousands of people could be losing out due to DIY divorces, led by couples with little knowledge on the subject.

The warning follows a new report where 20,000 members of the public in England and Wales answered questions on divorce-related laws about dividing finances and property.

Emma Hitchings, professor of family law at the University of Bristol, co-led the study and found a "substantial lack of knowledge" around separating.

The most common mistake is people believing all assets are automatically split evenly on divorce, the report found.

Nearly a third (30%) of people incorrectly said they believed this was the case.

Meanwhile, only 37% of people knew that the law states the longer the marriage, the more equally you should divide assets and debt.

With DIY divorces, when couples settle how to split finances without courts, the law allows them to agree any split they want.

Although according to Ms Hitchings, it is "highly discretionary and a legally difficult concept".

She added that more people are now coming up with their "own solutions" surrounding divorce settlements as there is no longer legal aid in England and Wales.

The findings highlighted that women had a greater understanding around law relating to children, whilst men were more likely to know the law on assets.

The professor said the lack of legal aid leads to less awareness and knowledge which is "potentially problematic" because it means that people are relying on "their own misunderstanding of the law which tends to lead to poor settlements".

She added: "This is the first national study to assess what people know about how assets are shared on divorce.

"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 justice at the Nuffield Foundation which funded the study, backed calls for "earlier, and more accessible legal advice".

He warned without it "unsatisfactory and unfair financial arrangements" could be agreed.

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