Do I Need a Solicitor to Get Divorced?

One of the most common questions we are asked is: "Do I actually need a solicitor to get divorced?"

The short answer is no. You do not legally have to instruct a solicitor to apply for a divorce in England and Wales.

Since the introduction of no-fault divorce, the divorce application itself is relatively straightforward in many cases and can be completed online.

However, there is an important distinction between getting divorced and sorting out your finances.

You may be able to deal with the divorce application yourself, but that does not necessarily mean you should deal with everything arising from your separation without legal advice.

Can I Get Divorced Without a Solicitor?

Yes.

You can apply for a divorce yourself using the online divorce service. You can make the application either individually, known as a sole application, or together with your husband or wife, known as a joint application.

Under the current no-fault divorce system, you do not need to prove that either person was responsible for the breakdown of the marriage.

For a straightforward divorce where both people cooperate, completing the divorce application without a solicitor may be perfectly manageable.

The difficulty is that the divorce itself is only one part of separating.

Does a Divorce Automatically Sort Out Our Finances?

No – and this is where people can get caught out.

Getting a Final Order in your divorce ends your marriage. It does not automatically end the financial claims you and your former spouse may have against each other.

Depending on your circumstances, this could include claims relating to:

• The family home and other property;
• Savings and investments;
• Pensions;
• Businesses;
• Debts;
• Lump sum payments;
• Spousal maintenance; and
• Other matrimonial assets.

Even if you have agreed between yourselves how everything should be divided, simply reaching an informal agreement does not necessarily provide the same protection as having that agreement recorded within a financial Consent Order approved by the court.

This is why we often recommend taking legal advice about your finances even if you are comfortable dealing with the divorce application yourself.

What If We Have Already Agreed Everything?

This is another situation we regularly see.

You may have separated amicably and already agreed who will keep the house, what will happen to the savings and that neither of you wants anything else from the other.

That is a great starting point.

However, it is still worth considering whether that agreement should be made legally binding.

A solicitor can advise you on whether the agreement is reasonable, explain any potential consequences and, where appropriate, prepare a Consent Order setting out the financial agreement you have reached.

Where appropriate, the order can also provide for a clean break, bringing financial claims between you to an end.

Without an order, simply saying "we agreed we wouldn't claim anything from each other" may not give you the protection you think it does.

When Should I Consider Speaking to a Divorce Solicitor?

Although you do not have to instruct a solicitor, there are certain situations where taking legal advice can be particularly important.

For example, you should consider obtaining advice if:

• You own a house or other property;
• One of you has a pension;
• There is a significant difference between your incomes;
• One person has considerably more savings or assets;
• You or your spouse owns a business;
• You have significant debts;
• You are unsure whether you know the full extent of your spouse's finances;
• You are financially dependent on your spouse;
• You cannot agree what should happen financially;
• Your spouse has instructed a solicitor; or
• You simply do not understand what you may be entitled to.

You do not necessarily need to instruct a solicitor to deal with every aspect of your divorce from beginning to end.

Sometimes, obtaining advice at an early stage is enough to help you understand your position and decide what you want to do next.

What About Arrangements for the Children?

Divorce proceedings do not automatically decide where your children will live or how much time they will spend with each parent.

Many separated parents can agree arrangements between themselves without going to court.

If you cannot agree, there are different options available, including mediation and, where necessary, making an application to the Family Court.

Again, you do not legally have to have a solicitor, but taking advice can help you understand your options before deciding what action to take.

Is It Cheaper to Divorce Without a Solicitor?

Potentially, yes.

If your divorce is straightforward and you deal with the application yourself, you may save money on legal fees.

However, focusing solely on the cost of the divorce application can sometimes be misleading.

The financial consequences of divorce can be much more significant than the cost of obtaining legal advice.

For example, agreeing to transfer a property, giving up an interest in a pension or failing to record a financial agreement properly could have consequences long after the divorce itself has finished.

This does not mean everyone needs expensive, ongoing legal representation.

It simply means it is worth understanding what you are agreeing to before you agree to it.

Can I Pay for Advice Without Instructing a Solicitor for Everything?

Yes.

Getting legal advice does not have to mean handing your entire divorce over to a solicitor.

At Harrington Family Law, we understand that some people want to deal with as much as possible themselves while having the reassurance of knowing where they stand legally.

You may want advice on:

• What you could be entitled to;
• Whether a proposed financial settlement is fair;
• What should happen to the family home;
• How pensions should be dealt with;
• Whether you need a clean break;
• Whether an agreement should be recorded in a Consent Order; or
• What your options are if your former partner will not cooperate.

Getting advice early can often make the rest of the process much clearer.

So, Do I Need a Solicitor to Get Divorced?

Not necessarily.

If you want to apply for a straightforward divorce, you may feel perfectly comfortable dealing with the application yourself.

However, if you have a house, pensions, savings, debts, children or any uncertainty about your financial position, it is sensible to obtain legal advice before making important decisions.

The key thing to remember is:

The divorce ends the marriage. It does not automatically sort out everything else.

Need Advice About Divorce or Finances?

If you are considering divorce and are unsure whether you need a solicitor, Harrington Family Law can help you understand your options.

We can advise you on the divorce process, financial arrangements following separation and any issues concerning your children.

Whether you need full representation or want some initial advice about where you stand, we can help you decide the best way forward.

Contact Harrington Family Law today to arrange an initial appointment with one of our family law solicitors.