How to take matters into your own hands

CASE STUDY:Cathy O'Brien could not afford to pay a solicitor for a divorce, so she decided to do all the paperwork herself. Now, she tells CAROLINE MADDEN, she has turned her experience into a business - DIY Divorce

IN 1999, after 13 years of separation, Cathy O'Brien decided to get a divorce. But to her dismay she realised that she couldn't afford the solicitor's fees.

As a stay-at-home single mother with three children, her budget simply wouldn't stretch far enough.

O'Brien rang the Legal Aid Board, but was told she would have to wait six months just to be assessed for eligibility. So she decided to take matters into her own hands and completed all her own divorce paperwork with some help from staff members in the Wicklow court services.

Fortunately her situation was relatively straightforward, with no quarrels over common bones of contention such as custody or property.

A few months after drawing up all the paperwork, O'Brien made the necessary court appearance to obtain her divorce.

Although she was "very nervous", it was over in a matter of minutes and everything went smoothly.

O'Brien then helped a few friends through their own divorces, and was persuaded to turn her newly acquired skills into a business. And so she launched DIY Divorce (www.diydivorce.ie) with the aim of helping people who are unable to afford solicitor's fees, which she says can start at about €3,000.

O'Brien has clients in all 26 counties and gets referrals both from solicitors and the court services. Her fees range from €550 to €670 depending on the circumstances of the case.

Although DIY Divorce will deal with divorces that are being contested by one party, if the couple is fighting over complex issues such as pensions or properties, they will be advised to seek legal advice instead.

Several copycat businesses have since popped up on the Irish market, but while the DIY route is considerably cheaper than engaging a solicitor, consumers must weigh up whether it is worth the savings.

Some observers argue that unless the divorce is completely straightforward and amicable, it is worth getting expert legal advice to avoid any problems arising further down the line.

For those who are wary of the DIY route but can't afford to take on a private solicitor, it is worth investigating whether they are eligible for legal aid. Contact details for local law centres are available on www.legalaidboard.ie.

Waiting times vary depending on the centre, but they can be lengthy. For example, at Gardiner Street Law Centre in Dublin, it takes four to five weeks just to get means tested, and a further four months to see a solicitor if the person is eligible.

It is also worth getting in touch with the Free Legal Advice Centres (www.flac.ie) organisation, which runs a network of clinics throughout the State that offer confidential advice free of charge.