Going through a divorce is never easy, however, having a solicitor on your side can help make the process much smoother and reduce the amount of pressure on your shoulders.
However, many couples who have started their divorce process may be wondering whether or not they actually need a solicitor. In this guide, we’ll discuss the pros of having a solicitor and the occasions when you may not need one.
Do you have to have a solicitor to get a divorce?
No, you don’t have to get a solicitor to get a divorce. However, not having a solicitor to help you through the process can be risky and you may end up not getting what you want from the divorce.
If you and your partner have mutually agreed to end the relationship and you have uncomplicated finances, then you may be able to handle the divorce yourselves.
What to consider before getting divorced with or without a solicitor
Whether you choose to instruct a solicitor or not, there are a few things you need to consider before you actually start the divorce process:
- The needs of your children, including where they will live and who they will live with
- Financial needs of both parties
- Current incomes and future earning capabilities
- Any shared or inherited assets and property
- The age and conduct of each party
For more information, you can read our full guide on what to consider in your divorce financial settlement.
When would you need a divorce solicitor?
If you feel like you and your ex-partner are in an uncommon or complicated situation, then it is important to enlist the help of an experienced divorce solicitor. Even if your divorce seems to be relatively simple and civil, there will likely be times where a solicitor would be needed to support you and provide expert advice.
Some examples of when you will need a divorce solicitor include:
- You have complex assets such as businesses, pensions or trusts
- You are at risk of or are currently facing domestic abuse or becoming homeless
- You are unsure what would be a fair settlement and you both have different opinions
- You have a lot of shared assets, such as property and savings accounts
- You have different opinions about your childrens’ welfare
- You or your ex-partner have a non-UK nationality
- You are in a vulnerable financial situation compared to your ex-partner
Do you need a divorce solicitor to protect financial interests?
As we’ve mentioned, if you have quite straightforward finances then you may not need a divorce solicitor. However, if you and your ex-partner cannot agree on your finances or you have assets that you think belong to you or believe your ex-partner should be sharing with you, it is essential that you have a divorce solicitor on your side.
When you sit down to discuss your finances, a solicitor will guide and advise you on what each party is entitled to and what is deemed as fair and reasonable. A solicitor will want to know all your current circumstances and the background of your marriage to be able to give the right advice. This includes taking into consideration all the assets, not just the ones in joint names.
Although you may think that you will be able to protect your finances without a solicitor, there can be occasions where specialist knowledge is needed.
Do you need a solicitor to get a financial order?
Yes, in many cases a financial order will require a solicitor to draft the agreement and submit it to the court for approval.
These are complex orders to draft and will need to be supported by a detailed statement of information to ensure the Judge understands your circumstances and why what is being proposed is fair.
If you do not obtain a financial order and only obtain a divorce, then financial claims will remain open.
Similarly, if you cannot agree to a financial settlement order then you will need advice from a solicitor and to pay the £275 court fee to commence court proceedings.

Pros of using a divorce solicitor
There are many good reasons why you should be using a divorce solicitor, including:
- A solicitor can ensure your divorce papers are completed correctly and avoid any mistakes that could affect your divorce. They can also help with serving the documents on your ex-partner if they do not cooperate and return the Acknowledgement of Service.
- Your solicitor will advise you on what you are or aren’t entitled to in your divorce in terms of financial assets, houses, pensions, business assets, maintenance and so on.
- A solicitor can help you resolve any issues regarding your children, such as where they will live, how often and when they will see each parent and how much child maintenance will be paid. Your solicitor can also represent you in court if you cannot agree on child-care matters with your ex-partner.
- A solicitor can protect you from any abuse or harassment from your ex-partner since they can communicate on your behalf. Your solicitor is also able to apply for a court order to stop your ex-partner from contacting you or finding you if they pose a threat to you and/or your child’s safety.
Cons of using a divorce solicitor
Although there are benefits to using a divorce solicitor, it doesn’t always mean that they need to be used. Some of the cons to using a divorce solicitor can include:
- Depending on what solicitor you choose, it can be expensive. If there are no legal assets to dispute and you have already agreed on how assets will be divided with your ex-partner, a DIY divorce may be more cost effective.
- In some cases, a solicitor could cause unnecessary tension between divorcing couples. If you already have what you want in mind for the divorce and this has been discussed and agreed upon with your ex-partner, you might find that when you hire a solicitor, this causes increased tension with your ex-partner.
This could be because of the costs being incurred or because the solicitor highlights something which you have not considered or which is unfair and suggests that the agreement reached should be renegotiated. - The introduction of no-fault divorce makes the divorce process much easier and quicker. Many divorcing couples now have a straightforward way to split amicably without the need of putting blame on either party.
However, a divorce will not stop the financial claims so it is important that these are dealt with separately.
Can you get partial representation from a solicitor in a divorce?
Yes, you can get partial representation from a solicitor in a divorce. Quite often, couples choose to deal with the divorce themselves but seek expert advice in relation to the arrangements for the children and a financial settlement.
If you’re thinking of starting the divorce process and you think you’d like the help of divorce solicitor, our team at VM Family Law can help. Get in touch with us today to see how we can help you, including partial or full representation from one of our experienced solicitors.