You can get a divorce or civil partnership dissolution without a solicitor in the UK as long as you and your ex-partner can agree on a financial settlement for your divorce and child arrangements. Divorcing without a solicitor can reduce your costs, give you direct control, and allow you to handle the process at your own pace. However, if you cannot agree on the division of your finances, child arrangements, or you have complex assets (e.g. overseas property), it is advisable to consult a divorce lawyer. Depending on your personal situation, you may not need legal representation throughout the entire process. You can arrange legal assistance for each individual key stage of your divorce, such as negotiating a financial settlement or legal representation at court hearings. However, consulting a divorce lawyer early on in the process can help you understand your legal rights and those of your children, ensuring that you are adequately protected during and following your divorce.

Things to know when divorcing without a solicitor

If you choose to divorce in the UK without the help of a solicitor, it is important to:

Familiarise yourself with the divorce process in the UK: the no-fault divorce process introduced in April 2022 no longer requires either party to lay blame on the other for the divorce, but there is a strict process that must be followed, including a 20-week ‘cooling-off’ period before you can apply for a Conditional Order (previously called the ‘Decree Nisi’).
Ensure that all information and paperwork are correctly submitted to avoid delays: if the courts require additional information or clarification of the details provided, this may delay the process of your divorce.
Make a joint divorce application if possible: it is highly advantageous to make a joint divorce application (i.e. you and your partner both agree to the divorce) as this will remove the potential for delays due to lack of cooperation by your partner.
Ensure you have a legally binding financial settlement (a consent order) to avoid future financial claims: any agreement you reach with your ex-partner on the division of your finances should be put in writing and agreed to by the courts. This will ensure that if your ex-partner does not comply with the terms of the agreement, it can be enforced by the courts.
Ensure you have a legally binding and enforceable child arrangement agreement to avoid future disputes: as with your financial agreement, it is also important to have any child arrangements (i.e. where your children will live and who they will spend time with) made enforceable and legally binding in the form of a Child Arrangements Order issued by the courts.

When do you need a solicitor for a divorce?

Instructing the services of a divorce solicitor is recommended if you have any of the following factors:

Complex financial situation
Uncooperative Spouse
Disagreement regarding your finances, property or children
A background of domestic abuse or controlling or coercive control
You require a legally binding court order
You require legal representation in court hearings, or
You are concerned that the process may be too stressful and time-consuming

Complex financial situation

Complex finances can make the process of divorce more stressful and difficult to resolve. It is advisable to instruct a divorce solicitor if you / your partner have any of the following:

A family business
Trusts
Concerns of hidden assets or asset dissipation
Inheritance
Pensions, or
Debts.

Uncooperative Spouse

If you are concerned that your partner may not cooperate with or ‘drag out’ your divorce, it is advisable to instruct a divorce solicitor. Your solicitor will ensure that your papers are legally served on your ex-partner and that any delays caused by challenges to your divorce are kept to a minimum.

Disagreement regarding your finances, property or children

Divorce solicitors play an important role in resolving disagreements regarding finances, property and children. They can negotiate on your behalf or recommend the services of a divorce mediator who can help you reach an amicable agreement on these key matters. Once an agreement has been reached, your solicitor will make sure that it is drawn up into a legally binding agreement and approved by the courts.

A background of domestic abuse or controlling or coercive control

If there is a background of domestic abuse or controlling or coercive control, it is important to ensure that the courts are aware of this fact and you and your children are protected. Your solicitor will provide the support you need and guide you through your legal options if you are a victim of domestic abuse.

You require a legally binding court order

Your solicitor will carefully draft any agreements reached with your ex-partner and ensure that the correct process is followed so that the court issues the necessary consent order (e.g. divorce financial settlement order or child arrangements order).

You require legal representation in court hearings

Your solicitor will represent you in court, giving you the confidence that the correct information is given to the judge overseeing your matter.

You are concerned that the process may be too stressful and time-consuming

Ultimately, people most often instruct a divorce solicitor because they want the matter taken off their shoulders and to ensure it is handled correctly. Remember, the consequences of not handling your divorce properly can have serious long-term repercussions, including:

Missing opportunities in your financial settlement
Failing to formalise your financial agreement
Failing to reach a clean break
Failing to agree on child arrangements that are in the best interests of your family
Failing to consider tax complications, and
Failing to consider your future housing needs

Instructing a solicitor to handle your divorce will ensure that you don’t have to appeal an unfair divorce settlement, which can significantly increase the cost of divorce.