Divorce is never easy. Whether you have been thinking about it for a long time or it has come as a sudden decision, the process can be confusing and emotional. One question many people ask is: Do I need a solicitor if I am getting divorced?
The short answer is: not always, but there are many good reasons why you might want one. In this article, I will explain what a solicitor can do for you during a divorce, when you might be able to manage without one, and the important legal matters you should know about. By the end, you’ll feel more confident about whether or not you need a solicitor in your situation.
Understanding the Divorce Process
First, let’s start with the basics. Divorce is the legal ending of a marriage or civil partnership. Since April 2022, the law in England and Wales changed to allow for no-fault divorce. This means you no longer need to prove that your spouse did something wrong to get divorced.
Now, you can apply for divorce either:
- On your own (a sole application), or
- Together with your spouse (a joint application).
The application is mostly done online through the government’s official website, which makes the process simpler and quicker than before.
You do not have to have a solicitor to apply for a divorce. Many people complete the online divorce application without legal help, especially if the divorce is straightforward.
When You Might Not Need a Solicitor
If your divorce is simple, you might manage well without a solicitor. Simple divorces usually mean:
- You and your spouse agree that you want to divorce.
- You do not have children or have agreed on child arrangements.
- You do not have complicated financial matters or shared property to divide.
- You want to file the divorce quickly and without dispute.
In these cases, the online process is designed for people like you. You just fill out the forms, pay the court fee (currently £593), and wait for the court to process your application.
If you don’t have any disagreements about money or children, and you both agree to the divorce, the process can be straightforward and less stressful. In such a situation, you might decide that paying for a solicitor is unnecessary.
When You Should Consider Getting a Solicitor
Most divorces, however, are not so simple. If you have children, shared assets like a house, pensions, or savings, or if you and your spouse do not agree on important matters, it is usually a good idea to get legal advice from a family solicitor.
Here are some reasons why you might want to instruct a solicitor:
1. You Need Advice About Finances
Dividing money and property after a marriage can be complicated. You might not know what you are entitled to, especially when it comes to pensions, savings, or debts. Sometimes, you may be entitled to a larger share than you expect.
A solicitor can help explain your legal rights and work to ensure that any financial settlement is fair. They can help you negotiate with your spouse or represent you if the matter goes to court.
2. You Have Children
If you have children, arrangements need to be made about where the children will live, how much time they spend with each parent, and how much financial support they will receive.
A solicitor can advise you on your rights and responsibilities. They can help draft agreements about child arrangements or assist if disputes arise.
3. You Need Help Negotiating
Divorce can be emotional, and communication between you and your spouse may not be easy. If you are struggling to agree on important issues, a solicitor can act as a mediator or represent you to negotiate on your behalf.
This support can reduce stress and help you reach an agreement that protects your interests.
4. You Want to Protect Your Future
Some people want to make sure they do not lose out financially or legally in the future. For example, you might want to enter into a clean break agreement which ends financial claims between you and your spouse once the divorce is final.
A solicitor can help draft this agreement and explain the long-term effects.
How Does the Solicitor Help During Divorce?
If you decide to instruct a solicitor, here is what they will typically do for you:
- Explain the divorce process and what to expect.
- Help complete and file your divorce application if you prefer not to do it yourself.
- Provide advice on your rights regarding children and finances.
- Negotiate with your spouse’s solicitor or directly with your spouse if appropriate.
- Help draft legal agreements, like financial settlements or child arrangement plans.
- Represent you in court if you need to resolve disputes formally.
- Keep you updated and reduce confusion or worry by answering your questions.
How Much Does a Solicitor Cost?
Many people worry about the cost of hiring a solicitor. Fees vary widely depending on the complexity of the case, location, and solicitor’s experience.
For a simple divorce application, some solicitors offer fixed fees starting from a few hundred pounds. However, if you have complex financial or child arrangements, costs may be higher because more work is involved.
Remember, spending money on legal advice early can sometimes save you money and stress in the long run by avoiding unfair settlements or long court battles.
What Happens If You Don’t Use a Solicitor?
If you don’t use a solicitor, you are responsible for completing the divorce forms correctly and understanding the legal steps involved.
You will still have to deal with issues about children and finances, which can be very complicated without legal help. If you try to negotiate with your spouse directly, emotions may make agreement difficult.
It is possible to complete a divorce without a solicitor, but it requires careful attention and understanding of the law. There are some organisations and online services that offer guidance, but they do not replace personalised legal advice.
Important Things to Remember
The Divorce Is Separate From Financial and Child Arrangements
Getting a divorce legally ends your marriage, but it does not automatically sort out money or child arrangements.
You will need to reach separate agreements or get court orders for:
- Dividing your property and money.
- Arranging child custody, visitation, and child support.
Timing Matters
There is a minimum waiting time of 20 weeks after filing for divorce before you can apply for the Conditional Order (formerly called the Decree Nisi). This waiting period allows time to negotiate finances and children arrangements.
It may sometimes be wise to delay completing the divorce with the Final Order (Decree Absolute) if financial matters are not settled. Your solicitor can advise on this.
Keep Your Documents Safe
You will need your original marriage certificate to apply for divorce. Also, keep copies of all correspondence, agreements, and court papers related to your divorce.
Update Your Will
Divorce usually cancels any provisions in your Will about your former spouse. It is important to update your Will after divorce to reflect your new wishes.
How to Find a Good Family Solicitor
If you decide to get legal help, finding the right solicitor is important. Here are some tips:
- Look for a solicitor who specialises in family law and divorce.
- Ask for recommendations from trusted friends or family.
- Check online reviews and credentials.
- Ask about fees upfront and whether they offer fixed fees or payment plans.
- Make sure you feel comfortable discussing personal matters with them.
Conclusion: Do You Need a Solicitor for Divorce?
Whether or not you need a solicitor depends on your situation. If you and your spouse agree on divorce and have no complicated finances or children, you may be able to complete the process without one.
However, if your divorce involves shared assets, children, or disputes, a solicitor’s help can protect your rights and reduce stress. They can guide you through the legal process, help negotiate agreements, and represent you if needed.
Remember, divorce is more than just ending a marriage — it’s about planning for your future. A solicitor can be a valuable partner in making sure you get a fair outcome.
