Can You Get A Divorce Without A Lawyer?
Can you get a divorce without a lawyer is a question many couples ask when contemplating divorce.
The straightforward answer is yes you can divorce without a lawyer or solicitor, a fact that many people are simply not aware of. There are of course pros and cons of not using a lawyer or solicitor and so it’s important to be aware of the implications before you commit either way.
Divorce is never without stress, but does spending thousands of pounds on lawyers help ease that stress or simply add to it? Besides, the new divorce law which came into effect in April 2022 enables a divorce application to be filed which cannot be contested by a spouse, thereby removing one of the main reasons why divorcees previously engaged a lawyer.
Our step-by-step guide explains how you can get a divorce without a lawyer or solicitor and whether or not your situation is suitable or amicable enough to do it yourself.
Contents
What are my legal options when getting divorced?
The majority of people seeking a divorce still assume that they’ll require the services of divorce solicitors in order to obtain a divorce.
Using divorce lawyers to obtain a divorce is the traditional method in the UK, but what are your options if you wish to divorce without lawyers in England or Wales?
It’s important you understand that in most cases, especially when both parties are amicable, there isn’t usually a need for divorce lawyers.
Of course, it is always recommended that you obtain initial legal advice to understand your legal position if you have complex financial matters, child disputes or a potential difficult ex-partner.
Under these circumstances instructing a lawyer to help may be necessary. However, the actual divorce procedure in England and Wales is now largely a paperwork process and can be completed relatively easily without a solicitor.
Who can get divorced without hiring solicitors?
There are no hard and fast rules for when you should or shouldn’t hire a solicitor to help you get divorced. For couples who are both in agreement to end their marriage, hiring a lawyer to handle your divorce is usually unnecessary.
Alternative options to hiring a solicitor for your divorce are doing it yourself or using an online divorce service.
Considerations to make before getting divorced
Divorce solicitors are expensive. If both parties seek legal representation, you will end up with legal bills running into many thousands of pounds (the average cost of divorce when also dealing with finances is £8,000).
If you are both on reasonably good terms and there is mutual agreement to end your marriage then an alternative option may be a better and far cheaper solution.
Hiring divorce solicitors can also make the divorce process more acrimonious as each party may be advised to take different actions to what has already been agreed, so be mindful of this before deciding whether to do your divorce with or without a lawyer.
Alternative options to hiring a divorce lawyer;
- DIY Divorce – You can file your own divorce papers with the court if you are comfortable with dealing with the legal process of divorce and of ending your financial ties with a clean break court order. You need to be aware that the courts will not offer any legal advice regarding your divorce and can sometimes be difficult to contact if you need help with the application process.
- Online Divorce – Divorce-Online can help you obtain a divorce in a stress free and efficient manner, whilst also obtaining a financial clean break to sever your financial ties with your ex-spouse, potentially saving you thousands of pounds on legal fees.
- Mediation – If you are struggling to reach an agreement then mediation can help. Mediation can help with decisions concerning financial matters, disputes over children or a non-compliant ex-partner. You can then decide whether to use an alternative method to draw up divorce papers & legal agreements or hire a lawyer.
Find out what our clients say about us
Are you thinking of hiring a local solicitors firm to handle your divorce? Watch a video testimonial from one of our clients who explains his experience with Divorce-Online.
We have helped over 150,000 couples obtain a simple, hassle-free and affordable divorce since 1999 – helping our clients save over £20,000,000 in legal fees compared with the cost of local high-street solicitors.
No-fault divorce makes it easier to get divorced without a lawyer
Typically, you may require the assistance of a solicitor if you believe that your ex-partner will be difficult or non-compliant during the divorce proceedings.
However, the introduction of no-fault divorce on 6 April 2022 made it much easier for couples to obtain a divorce by removing the adversarial grounds for divorce rules together with the long separation requirements.
This change to the divorce law also made it much easier to file for divorce if you have an uncooperative ex-partner, which previously negated the need to instruct lawyers.
For further information on what the no-fault divorce law changes mean for you, read our guide to no-fault divorce.
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For couples who are in an agreement to divorce, there is rarely a need to spend thousands on instructing local solicitors. Find out more information about our low-cost online divorce services.
Six situations when divorce solicitors could be used
Firstly, it’s important to understand that getting divorced only ends your marriage, it does not automatically resolve or sever any financial matters between you and your ex-spouse, nor does it make any arrangements for your children. Even when both parties agree that they want the divorce, these other matters may not be quite so straight forward.
Situations that may require a divorce solicitor, or at the very least, legal advice are:
- When a vulnerable spouse find themselves in a harmful or abusive situation – while they do not necessarily need a lawyer to get through the divorce, it is important to be prepared for the proceedings.
- When splitting the marital home – there are various ways this can be achieved, some may be more appropriate than others.
- When dividing assets – pensions, investment property, savings, investments etc. – The general principle is that the matrimonial pot should be divided equally upon divorce, but in practice many cases are often not that simple. Find out why, what your options are and how to divide assets in a divorce
- When agreeing parenting rights and/or children’s rights – if children are at the centre of the separation, divorce can become even more complicated when dealing with maintenance, access, visitation rights etc.
- When allocating responsibility for debt, liabilities etc. – generally it will not matter if debts were accrued by an individual spouse or if they are joint debts; any liabilities built up during a marriage will reduce the overall level of assets which are divided.
- When your spouse does not respond to the divorce application – it’s important to know that you don’t need your partner’s consent to get a divorce, but despite that, your ex-spouse is still entitled to see a copy of the divorce petition. Under the rules, the court has to know that your spouse has received notification of your divorce application. If they do not respond to the application after 14 days you have several different options, but unfortunately they all involve more time and potentially more money.
Finding the right information that relates to your situation may take some time, and while there are many Internet sources that may seem useful, there are also lots of sites which might be providing incorrect or outdated advice.
Many websites have not been updated since the divorce law changes that took place in April 2022.
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