Going Through a Divorce

Do I Need a Solicitor for a Divorce?

You are not legally required to use a solicitor for a divorce, but it is strongly recommended in most cases. If you and your spouse agree on everything, including how to divide your finances and arrange things for your children, you may be able to handle the paperwork yourselves. The court application itself is fairly straightforward and can be done online.

However, if there is any disagreement about money, property, pensions, or children, you should get legal advice. Even in amicable divorces, a solicitor can help you reach a fair financial settlement and make sure nothing is overlooked. Without proper legal advice, you could miss out on your share of a pension or agree to something that leaves you worse off in the long run.

A solicitor will also make sure your financial agreement is turned into a legally binding consent order. Without this, your ex-spouse could make a financial claim against you years after the divorce is finalised. Many people do not realise this, and it is one of the most important reasons to get professional help.

The Divorce Process Step by Step

The divorce process in England and Wales follows six main steps. First, you submit your application to the court, either on your own or jointly with your spouse. The court fee is £612. You can apply online through the government website.

Second, once the court receives your application, it sends a copy to your spouse (if you applied alone). Your spouse has 14 days to respond. They cannot stop the divorce, but they can dispute the jurisdiction of the court or raise concerns about costs.

Third, there is a mandatory 20-week reflection period from the date the application was issued. This is designed to give you time to consider whether the marriage can be saved, and to sort out arrangements for children and finances.

Fourth, after 20 weeks, you apply for the conditional order. This is the court confirming that you are entitled to a divorce. Fifth, you wait a further 6 weeks, then apply for the final order. Sixth, the final order is granted and your marriage is legally over. The whole process takes at least 26 weeks, but often longer if financial matters are still being resolved.

How Much Does a Divorce Cost?

The court fee for filing a divorce application is £612. If you are on a low income or receiving certain benefits, you may be able to get this fee waived or reduced through the Help with Fees scheme.

Solicitor fees for a straightforward, uncontested divorce typically range from £500 to £1,500. Many solicitors offer fixed-fee divorce packages that cover the basic paperwork and application. If you and your spouse agree on finances and children, these packages can offer good value.

If there are disputes about money, property, or children, costs can increase significantly. A contested divorce with financial proceedings can cost anywhere from £3,000 to £30,000 or more per person, depending on the complexity. The biggest cost driver is usually financial disputes, particularly when there are businesses, pensions, or overseas assets involved.

Mediation is often much cheaper than going to court. A full mediation process typically costs £500 to £2,000 per person and can resolve disputes in a fraction of the time. The court expects you to try mediation before starting court proceedings in most cases.

What About the Children?

The divorce process itself does not decide what happens with your children. Arrangements for children are handled separately, and the court encourages parents to agree between themselves wherever possible. You should try to agree on where the children will live, how much time they spend with each parent, and how you will make important decisions about their upbringing.

If you cannot agree, you can attend mediation or apply to the court for a child arrangements order. The court will always prioritise the welfare of the children above everything else. Both parents usually keep parental responsibility, which means both have a say in important decisions about the children's lives, including schooling, medical treatment, and religion.

It is important to keep children out of the middle of any disputes. Courts take a dim view of parents who try to turn children against the other parent. If you are worried about your children's safety, you should speak to a solicitor immediately, as the court can make orders to protect them.

Financial Settlements

Dividing finances is often the most complex and contentious part of a divorce. The court considers several factors when deciding a fair split, including the length of the marriage, each person's income and earning capacity, the needs of any children, the standard of living during the marriage, and any contributions made by each spouse, including non-financial contributions like caring for children.

The starting point is usually a 50/50 split of the marital assets, but the final division depends on the specific circumstances. In shorter marriages without children, each person is more likely to leave with what they brought in. In longer marriages, particularly where one person gave up their career to raise children, the split may be adjusted to reflect their needs.

You should always try to reach an agreement rather than going to court. Court proceedings are expensive, slow, and stressful. A financial settlement reached through negotiation or mediation and then approved by the court as a consent order provides the same legal protection as a court-imposed order, at a fraction of the cost and emotional toll.

Your Next Steps

If you are considering divorce, the first thing to do is get some initial legal advice. Many solicitors offer a free or low-cost initial consultation where they can outline your options and give you a rough idea of costs. This does not commit you to anything, but it helps you understand where you stand.

Before your first appointment, try to gather basic information about your finances, including bank accounts, savings, pensions, mortgages, and debts. The more information you can provide, the better advice your solicitor can give you.

If you are in an abusive relationship, your safety comes first. You can contact the National Domestic Abuse Helpline on 0808 2000 247 for confidential support. Legal aid is available for divorce cases involving domestic abuse, which means you may not have to pay any legal fees.

Take things one step at a time. Divorce is a process, not an event, and most people find it less overwhelming once they have a clear plan and professional support in place.