You are currently viewing I need a divorce, but do I need a solicitor?

I need a divorce, but do I need a solicitor?

Updated:5/3/2024

It is a common scenario – you have recently separated from your husband or wife, money is a consideration and the last thing you need is to be stretched further by legal fees.

If you enter ‘DIY divorce’ in the search engine you’ll find  many websites offering you a way of getting a quick and cheap divorce so is it necessary to seek the advice and assistance of a specialist family lawyer?

Since a change in the law in April 2022, it is relatively straightforward in most cases to obtain a divorce. There are, however, some cases where some specialist advice may be necessary to ensure your position is protected until financial and children matters can be resolved.

There is a common misconception that it will cost you thousands of pounds to use a solicitor to get a divorce. This is rarely the case. Whether you deal with matters yourself of use a solicitor, the court fees are always going to be the same. There is a standard fee to start divorce proceedings, currently £593, and some of the DIY divorce websites are very misleading and quote prices without this court fee.

Finances

In many cases it is important that the divorce process is not completed before a final agreement is reached or an order made in relation to financial matters. Consideration needs to be given to how best to deal with the financial aspects of divorce and whether you may be left in a vulnerable position, without the right to make a claim – for example, if your husband or wife were to die after the divorce proceedings have concluded but before you had sorted out your finances.

Divorces that have no joint finances to settle are rare.  Whether that’s dividing things up fairly, deciding how future pensions will be distributed or simply ensuring that neither party can make a claim in the future.  If you don’t get it right, you could be giving away a substantial amount unnecessarily or leaving yourself exposed to future claims.

If financial matters do need to be resolved your solicitor will draft an order which can be approved by the court, ensuring that you are protected against future claims. You usually only get one chance to make sure your financial arrangements meet your needs and it is therefore important to get it right!

Children

When you have children there are so many issues to consider from where they live, whom they live with, their school, co-parenting, financial support and more.  A solicitor can help to guide you through the process of agreement and ensure you don’t forget anything that could give rise to further disagreements later on down the line.

A less emotional approach

Perhaps the most important thing you need to consider in deciding whether to instruct a solicitor to deal with your divorce is that at such an emotionally charged time, your solicitor can adopt a neutral stance and give you the advice and assistance you need to reduce your stress and anxiety.

At E J Coombs Solicitors we understand that knowledge of the costs is important, and will give you a clear estimate of the costs involved in your case, and can undertake the divorce and some other parts of your case with a fixed fee.

We can office an initial fixed fee consultation, currently for £180 (£150 + VAT) where we can discuss all the aspects of your case with you and also review estimated costs.

We aim to give you sensible, practical advice tailored to meet your individual needs.

Please contact us if you need any further information