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Considering that it could save them hundreds or even thousands of pounds, it’s hardly surprising that more and more people are now opting to get a divorce online. Sadly, though, there are circumstances under which an online divorce simply isn’t the right choice.

The purpose of this article, though, is not only to highlight some of the most common circumstances under which online divorce isn’t suitable but to also to point out that there are still lower-cost alternative available and that – whilst you may not be able to use our services – you won’t necessarily have to spend a fortune in solicitors’ fees.

1. You and your spouse don’t agree to the divorce

If your spouse doesn’t consent to the divorce then the first thing we’d recommend you do is get together in an informal, neutral setting and discuss why. You may find that they’re reluctance to proceed isn’t because they don’t want the marriage to end but because they’re concerned about potential claims against, say, their pension or other assets.

If this is the case and you don’t want to make a claim, you can allay their concerns by informing them of the fact that you can file a Consent Order during your divorce and that this will make any agreement you have legally binding. In other words, by agreeing to the divorce, they can ensure that your agreement – whether it’s that you’ll claim nothing, a small portion of their pension, split the proceeds from the sale of the family home 50/50 or anything else – is finalised and that no further claims can be made.

Should they feel that the marriage isn’t yet over, it’s probably worth letting them tell you why they think this is and possibly even attending marriage counselling. If it’s successful, you won’t need a divorce and, if it isn’t, your spouse will be far more likely to see that ending the marriage is best for all concerned.

2. You can’t agree on how to divide finances

It’s not entirely necessary to reach an agreement on how to divide assets like houses, pensions, savings etc. before obtaining a divorce, but it’s highly advisable that you do.

As we’ve mentioned previously, you can finalise any agreement you reach during the divorce process itself. We strongly recommend that this is done as it affords the parties greater security and peace of mind. So, if you and your spouse can’t agree you should try mediation before you both negotiate via solicitors.

Mediation is significantly cheaper than negotiating an agreement via solicitors. It’s also non-confrontational and, as a mediator can work for both spouses (unlike solicitors who can only represent one party) they don’t benefit from promoting disagreement.

If you can reach an agreement through mediation, you’ll then be able to use an online divorce service. We’ll even be able to prepare the documentation you’ll need to formalise the agreement in court.

3. You don’t know where your spouse is

If you don’t know where your spouse lives, we’d recommend that you contact your friends and relatives to see if they can provide you with this information or, failing that, let you know their contact details so you can get in touch with them and ask them yourself.

You can also try a private investigator who’ll usually be able to track someone down with just their name and an old address. The fee for this is usually competitive, too.