Are you wondering whether you can complete the divorce application yourself? You might also be unsure what a solicitor would actually do for you, even if you have finances or property to deal with as part of your separation.
This guide looks at the role of a family lawyer and when handling the divorce process yourself could leave important legal issues unresolved.
Yes, you can get divorced without using a solicitor in England and Wales. While you don’t legally need to instruct a solicitor to complete your divorce application, a solicitor will advise you on the legal implications, protect your financial position and spot issues you might miss when handling the process yourself.
Applying for divorce without a solicitor
You can submit your own divorce application online through GOV.UK or apply by post. If you decide to manage the divorce yourself, you’ll be responsible for:
- Completing the application and providing the required information about your marriage.
- Supplying your marriage certificate and a certified translation if it isn’t in English.
- Paying the court fee or applying for fee assistance if you’re eligible.
- Tracking your application and responding to any court requests.
- Be aware of timeframes, such as applying for your Conditional Order once the mandatory waiting period has passed.
- Applying for the Final Order when you’re eligible to legally end the marriage.
Important to Know…
Completing the divorce application yourself only ends your marriage. It doesn’t settle your finances or prevent future financial claims. A divorce solicitor can advise you on what you’re entitled to and make sure any financial agreement is properly recorded in a court order.
Divorce and financial settlements are separate legal processes
The divorce process ends your marriage. If you have financial matters to resolve, these are dealt with separately and require their own consideration.
Wherever you and your ex have reached an agreement, a divorce solicitor can prepare a consent order setting out the financial settlement and submit it to the court for approval – and once approved, the order becomes legally binding.
If you haven’t reached an agreement, instructing a divorce solicitor can advise you on your legal position and negotiate with your former spouse or their solicitor. But if you both still can’t reach an agreement, you can apply to the court to ask the Court to decide how the finances should be dealt with.
The timing is also important during the divorce and settlement process.
Applying for the Final Order before your finances have been resolved can have financial consequences in some cases, particularly where pensions are involved. So getting advice before finalising the divorce helps ensure you understand how timing could affect your position.
The benefits of having a solicitor handle your divorce
You can deal with a divorce application yourself, but that also means taking responsibility for each stage and knowing when something needs legal attention, which can take more time than you think, causing more stress. Small mistakes in the process can cause significant delays.
Having a family solicitor handle the divorce gives you advice throughout the process, including:
1. Your application is checked before it goes to court
Your solicitor will prepare the divorce application with you and check the details before submitting it. They’ll also deal with the court on your behalf if it requests further information or an issue with the application needs to be addressed.
2. No need to keep track of every stage yourself
Divorce involves mandatory waiting periods and separate applications for the Conditional Order and Final Order. Your lawyer follows where your case is at in the process via the portal and handles the next step when it’s time.
If something holds up the divorce application, you’ll also have a professional on hand who knows what needs to be done to get it moving again as quickly as possible.
3. You know where you stand financially
You might find the financial aspect of divorce complicated. When you start feeling stressed and confused, your solicitor can look at the assets, income and liabilities involved and explain what you’re entitled to seek as part of a financial settlement.
They can also advise you before you agree to proposals involving your home, savings, pensions, investments or other assets. An offer that initially seems fair could leave you with much less than you’re entitled to once everything has been valued and viewed as part of the settlement.
There can in certain circumstances be tax consequences or benefits entitlements which need to be considered.
4. Your spouse’s financial disclosure can be checked
Both spouses are expected to provide financial information when negotiating a settlement. Your divorce solicitor can go through the disclosure received and raise questions where information appears to be missing or doesn’t add up.
This becomes particularly important if there are business interests, several sources of income, complex income structures, assets abroad or concerns that assets haven’t been fully disclosed.
5. Your solicitor can negotiate on your behalf
You don’t have to go through the stress of trying to negotiate the financial settlement directly with your former spouse.
Your solicitor can deal with their solicitor, respond to proposals and advise you on offers before you decide anything.
If the first proposal isn’t acceptable, they can clearly explain why and put forward terms that better reflect your financial position.
6. Your agreement can be made legally binding
If you have agreed on how you’ll divide your finances, it doesn’t make the agreement legally binding. A solicitor will draft a financial remedy consent order and submit it to the court for approval, giving the agreement legal effect and, where appropriate, ending future financial claims between you.
7. You’ll get advice before applying for the final order
In some situations, applying for the Final Order before finances are resolved could affect your financial position, particularly where pensions are involved. Specific pensions advice is often required.
Your divorce lawyer can check whether there is a reason to wait before applying, rather than treating the Final Order as an automatic next step as soon as you’re eligible.
8. You have someone to deal with problems as they come up
Not every divorce follows the expected route. For example, your spouse might fail to respond, there could be problems serving the application or questions might arise over whether the courts in England and Wales have jurisdiction.
If that happens, your solicitor will handle the issue and advise you on the next legal step, so you don’t have to work out the procedure yourself.
Getting legal advice about your divorce
As you can see, you don’t need a solicitor to get divorced in England and Wales. But doing everything yourself isn’t always the best option for various reasons. The decisions you make during your divorce can, unfortunately, affect your finances long after the marriage ends, so it’s important to know where you stand before agreeing to anything or applying for the Final Order.
Our experienced divorce solicitors can handle the entire legal process on your behalf and advise you on any financial issues that need to be resolved alongside it.
If you’re thinking about divorce and would like to discuss your options, contact our Family Law team to arrange an initial consultation today.
More information
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