Do I need a solicitor to get divorced?
Written by Anne Shears | Family Team | 24 January 2024
The short answer is no, you do not. It has never been a legal requirement to instruct a solicitor to be divorced and many people do complete the process without a lawyer.
The divorce process is separate from other issues that arise when a couple separate including arrangements for their children and dividing finances. A common misconception is that being divorced ends the financial claims that arise from marriage. That is not the case.
The law on divorce changed in April 2022 and basing a divorce application on one of the five facts is no longer necessary. The application for divorce has been simplified and can be made by one spouse individually or both spouses together as a joint application. The application is completed on the government website which can be found at the following link - https://www.gov.uk/divorce/file-for-divorce
The online process is designed to be accessible for people without lawyers. Whilst we do still offer a fixed fee to complete a divorce for our clients, our view is that, unless it is overwhelming, that cost can be saved, and funds can potentially be better used for advice about the finances or children.
When completing the divorce application online there is a court fee to pay of £593.00. Some people qualify for a reduction of that fee, and it is worth looking at that on the government website. You should not be charged any other fee and so, if you are asked to pay any other charge when completing the divorce process online, you are most likely on the wrong website. You will need your original marriage certificate to complete the divorce application.
There is a minimum period of 20 weeks from the date the application is issued by the court before you can apply for the Conditional Order and that is designed to give time to negotiate and hopefully agree a plan for the children and finances. Sometimes dealing with children and financial matters can take longer and you may be advised to delay completing the divorce.
Any lawyer representing you in connection with the resolution of your finances will ask for a copy of the divorce application paperwork. If it is possible for settlement to be negotiated that agreement cannot be presented to the Court until your divorce has reached the stage of Conditional Order. There can be important reasons to delay completing the divorce process with the Final Order in the divorce and it is beneficial to discuss that timing with a specialist family lawyer.
The family team at Nash & Co Solicitors have extensive experience in dealing with matters arising from relationship and marriage breakdown. If you would like to discuss this in more detail, please call our expert team on 01752 827030 or email family@nash.co.uk.
