Divorce – Do I really need a solicitor?

Following the recent landmark reforms to the divorce procedure with the introduction of no fault divorces and the creation of the online court portal it is no surprise that many separating couples are now questioning whether they really need to obtain legal representation. ‘DIY’ divorces are on the rise!

It is s a common question, ‘Getting divorced is likely to cost money and divorce lawyers are expensive, aren’t they?’  The prospect of sharing assets with a partner upon a separation can be daunting enough but at a time when we are all feeling an economic pinch it is only natural for people to look at ways to economise.

‘Why not save money by doing the divorce yourself, rather than paying a lawyer to do it for you?’

The straightforward answer is that it is possible to divorce without involving solicitors. There is no legal requirement to instruct a lawyer or to obtain legal advice at any stage.

However, this is a somewhat deceptive response and just because you can divorce without a solicitor does not mean that it is a good idea to do so. There are a number of pitfalls that are easy to fall into if proper advice is not obtained, in fact there are so many potential pitfalls that we could not possibly list them all here.

So, why use a solicitor;

  • Expertise – the chances are that the process of divorcing is not something that you are particularly familiar with. Family Solicitors are experts in this area and it is what we do day in day out. We know the law, the procedure, the potential pitfalls, and the important things to consider – things that may not have even crossed your mind.
  • Time – quite frankly, if you don’t get the procedure right you will most likely have to start the whole process again.
  • Reduce stress – the end of a marriage can be incredibly stressful and no doubt there will be many questions that need answering. Knowing that there is an experienced specialist that is on your side can be hugely reassuring.
  • Children – putting in place patterns of care for children can often be the biggest area of conflict for separating families. A solicitor can advise what sort of arrangements the law would consider appropriate and the different types of court orders that can be made. Having accurate information as to the most likely outcomes is likely to support parents in reaching agreements.
  • Finances – this is the area that can be most problematic for people to navigate without legal advice, and if you get it wrong the consequences can be brutal. Without proper legal advice people often have little idea of their financial entitlement on divorce. Does the home have to be sold? How to deal with pensions? What about assets owned before the marriage? Even if there is an agreement as to how to divide the assets, unless that agreement is formalised via the courts the whole thing could later be unravelled.

In conclusion, whilst it is possible to complete the divorce process without legal assistance, the consequences of doing so could result in that decision being regretted.

When it comes to choosing a divorce solicitor it is not a case that one size fits all and here at Burley Geach our family law experts will always take time to get to know our clients and work closely with them to secure the best possible outcomes. Initial, no obligation, free consultations are available with all of our family specialists.