Divorce proceedings can often be complicated, especially if there are disputes over how to divide assets like money and property. There’s also child custody, visitation and support arrangements to consider.
While there has been a rise in DIY divorces as people reduce costs, it’s not recommended to go through the process alone. Having a legal professional by your side can save you time and make a stressful situation more manageable.
Can I get a divorce without a solicitor?
There is no legal requirement that states you need to have a solicitor to get a divorce. In certain cases, both parties may be in agreement on all key matters, in which they may choose to handle the divorce process themselves. This is commonly referred to as a “DIY divorce” or self-representation.
While it’s possible to manage a divorce yourself, many people find it reassuring to have professional support, particularly when things get complicated.
Even if you don’t think you need a solicitor, it’s still wise to at least consult with one. They can help you understand your legal rights and obligations, as well as any potential pitfalls that might arise during the process.
Dealing with divorce or family legal matters? Our experienced team can provide the help and support you need. Explore our Divorce and Family Law section to learn more about how BGW can help.
What does a solicitor do in a divorce?
A solicitor’s role in a divorce is to guide you through the legal process, protect your interests, and help ensure everything is handled correctly and fairly. They will also:
Provide clear legal advice
They’ll explain what you’re entitled to under the law, what the divorce process involves, and how to approach issues like dividing money, property, or pensions. If children are involved, they can help you agree on living arrangements and parental responsibilities.
Handle paperwork
The introduction of no-fault divorce has made it easier for couples to separate without assigning blame, which is a welcome change. However, the process still involves strict forms, timelines, and legal terminology.
Your solicitor will deal with all the necessary forms and documents, from starting the divorce application to communicating with your ex-partner’s solicitor. It’s their responsibility to make sure everything is done correctly and on time, reducing the risk of delays or errors.
Negotiate on your behalf
If you and your ex-partner can’t agree on financial claims or child arrangements, your solicitor can help negotiate on your behalf. In cases where this isn’t enough, they can represent you in court to argue for a fair outcome. This can be especially important if there’s been domestic abuse or one party is financially or emotionally vulnerable.
Formalise agreements
Even if you and your ex reach an agreement on your own, it’s important to have it turned into a legally binding document, especially when it comes to finances or parenting arrangements. A solicitor can draft or review a financial consent order to make sure everything is properly recorded and enforceable by law.
When it comes to children, your solicitor can advise whether a more formal arrangement, such as a Child Arrangement Order, is appropriate and help you apply for one through the court if needed.
Save you time and stress
Divorce can be overwhelming, especially when emotions are high. Having a solicitor means someone else is handling the legal details, chasing documents, and keeping everything moving forward, so you don’t have to carry the burden yourself.
They can also speed up the process and avoid stalemates when it comes to agreeing on a financial settlement.
Learn more: How long does it take to get a divorce?
Defend your position
Whether you’re concerned about being treated unfairly, pressured into a poor settlement, or simply unsure of your legal standing, a solicitor can advocate for you. This is particularly important in situations involving domestic abuse, controlling behaviour, or financial inequality, where you may need extra protection and support.
When might I need a solicitor for a divorce?
One of the most common scenarios is when there’s disagreement about finances, property, or child arrangements. If you and your ex-partner can’t reach a fair settlement or can’t communicate effectively, a solicitor can step in to negotiate on your behalf. They’ll help ensure you’re not pressured into agreeing to something that doesn’t reflect your legal rights or long-term needs.
You may also need to seek legal advice if your financial situation is complex. This could include shared business interests, large debts, pensions, investments, or property owned in different countries.
In these cases, understanding your legal position and making sure assets are properly valued and divided can be complicated, and mistakes can be costly if you go it alone.
Even if you’re broadly in agreement, it’s still wise to consult a solicitor before finalising anything. They can review your proposed arrangements, check that nothing important has been overlooked.
Risks of not using a solicitor for a divorce
As with any legal matter, there are several risks involved if you choose to proceed without the guidance of a solicitor.
You could miss out on what you’re entitled to
Without legal advice, you might agree to a settlement that isn’t fair or legally sound. Many people don’t realise they’re entitled to a share of things like pensions, savings, or even their partner’s business interests.
Informal agreements may not be legally binding
Even if both parties agree on how to divide money or where the children will live, those agreements aren’t legally enforceable unless they’re properly recorded in a court-approved order. Without a financial consent order or a child arrangements order, either person could change their mind in future, and there may be little you can do about it.
Errors can cause delays
The divorce process involves specific forms and deadlines. If something is filled in incorrectly or missed entirely, it can delay the process or even lead to your application being rejected. The longer the process drags on, the more stressful and frustrating it can become.
Your emotions can impact your decisions
When you’re emotionally involved, it can be hard to stay objective. Some people might give in too easily just to get it over with, or dig their heels in and prolong the process unnecessarily. Instead, solicitors offer a calm, professional perspective to help you make the right decisions.
You’re on your own if things go wrong
If complications arise, such as one party not complying with an agreement, hiding assets, or taking legal action, you’ll have to handle it yourself. Having a solicitor from the start can reduce the risk of this happening and make sure you’re prepared if it does.
Can I use a mediator instead of a solicitor?
Mediation is a voluntary process where a neutral third party helps both of you work through issues like finances, property, and child arrangements in a calm, structured setting. It can be a cost-effective and less adversarial way to resolve disputes.
The process can work well for couples, but it isn’t suitable for every situation, especially where there has been domestic abuse or a significant power imbalance.
However, a mediator can’t give legal advice or act in your interests. Their role is to remain impartial and help both sides communicate more effectively. That’s why it’s still a good idea to speak to a solicitor, either before mediation begins.
If you’re unsure whether mediation is right for you, we can help you decide on the best approach based on your circumstances. We offer both legal advice and family mediation services. This means you can benefit from the best of both worlds.
What are my options if I can’t afford a solicitor?
If the cost of hiring a solicitor feels out of reach, you’re not alone. There are still options available to get the support you need.
You may be able to receive legal aid if you’re on a low income and meet certain criteria, especially if there’s been domestic abuse or child protection issues involved.
While legal aid for divorce itself is limited, you may qualify for funding to cover advice or representation related to child arrangements or protection orders. A solicitor can help you check whether you’re eligible and guide you through the application process.
At BGW Solicitors, we understand that affordability matters. We offer an initial, fixed-fee consultation with a trained family lawyer, so you can get clear, practical advice without any pressure or ongoing commitment.
Considering divorce? Get expert legal support today
Whether you’re considering a DIY divorce or difficult separation, getting legal advice early on can make a huge difference. Our experienced family law team offers clear, practical guidance to help protect your rights, avoid costly mistakes, and reduce stress.
We offer fixed-fee initial consultations and flexible funding options to suit your needs. Meetings are available at any of our three offices or virtually for your convenience.
Contact us today and take the first step towards clarity and peace of mind.