How do you get a divorce without a solicitor?

All divorces in England and Wales are now applied for online using the UK government’s digital divorce service. This has led to a rise in ‘DIY divorces’ as people seek to reduce their costs.

At such an emotionally charged time, expert legal advice on divorce can be hugely helpful. If proceedings involve agreeing on property, money and children, it can be essential. However, it is very possible to divorce without a solicitor.

Here’s everything you need to know — including stages, costs and potential difficulties.

Stages involved in divorcing without a solicitor

There are three steps involved: the initial application divorce, application for a conditional order, then the finalising of the divorce by applying for a final order.

1. Applying

To start the process, begin an application through the UK government’s online divorce service website page.

You will need a photocopy or photograph of your marriage certificate to upload. This must be on a single sheet and be clearly legible, showing the certificate number and all four corners.

The stages involved differ depending on whether you applied with your husband or wife jointly, or as a sole applicant.

If you applied jointly with your husband or wife

After your application has been checked, you’ll both be sent a stamped copy of your application, a case number and an ‘acknowledge’ receipt.

Both parties will receive a notice confirming the application has been issued, after which you will be required to formally respond to the application within 14 days. You need to wait for 20 weeks after your application has been issued. After this time, the divorce can be continued by applying for a conditional order.

If the other party fails to respond to the application, then you can proceed to continue with the divorce application as a sole applicant.

If you applied by yourself

After your sole application has been checked by the HM Courts and Tribunals Service (HMCTS) online service, you’ll receive a copy of your application, a case number and a notice that your application has been issued.

Your husband or wife will receive a letter from the court with a passcode to log on to the portal and respond to the divorce, which must be done within 14 days. They can respond electronically. If they do not respond, the court will prompt you about the next stages.

If they have completed the formal response, the divorce can be continued by applying for a conditional order. Like a joint application, this can only happen 20 weeks after the application has been issued by the court.

If they dispute the divorce, your husband or wife will have to complete an answer form as to why. They must have a genuine legal reason — this cannot simply be because they do not want a divorce, or are seeking to delay the process.

If they do not submit the answer form, you can continue by applying for the conditional order. Cost consequences may arise in these circumstances.

2. Conditional order

A conditional order is a document saying that the court sees no reason why you cannot divorce. It was previously called decree nisi. As mentioned, you must wait at least 20 weeks after your divorce has been issued before applying. Before this, you will receive a notice confirming the date of when the conditional order will be made.

This can be done online. It can also be applied for as a sole applicant, even if the divorce was started jointly.

3. Finalising the divorce

After the conditional order has been granted, you need to wait 43 days before finalising the divorce and ending the marriage. This is done by applying for a final order.

If you want a financial order — a legally binding agreement for the division of property, money, pension benefits and spousal maintenance — this should be done before applying for the final order. As with the conditional order, this can be done as a sole applicant, even if you made a joint application initially.

It can be done with consent, which would be by mutual agreement between the parties. Otherwise, one party is required to issue financial court proceedings.

Generally, consent orders are approved by the court, however there are rare circumstances when the judge decides that the court requires further information to be considered before the order is approved.

Sometimes a judge may refuse an order: this may be due to the lack of financial information provided by each party, which could lead to an unfair settlement. This is known as an D81 statement of information for a consent order form. It is filed at court alongside the consent order, and sets out each parties financial information.

Once you have the final order, this is the final step of the divorce process.. The final order should be kept safe if you ever need to prove your marital status, or plan to remarry.

How much does it cost to divorce without a solicitor?

Upon application, you will also be required to pay the court fee of £593, direct to the court. This can be done on a sole basis or the costs can be shared equally.

If you qualify for help, then you may be exempt from payment of the fee and can complete an EX160 form. Eligibility depends on how much money you have in savings, benefits you receive and your income. If making a joint divorce application and need help, both of you must apply for help. If one of you isn’t eligible, then the full fee will need to be paid.

Divorcing without a solicitor: considerations

You should consider obtaining legal advice if you experience difficulties with the online portal, or if…

• You anticipate that your husband/wife will not cooperate

• You don’t have your marriage certificate

• The whereabouts of your husband/wife are not known

• Your husband/wife lives abroad

• You have financial and/or child arrangement issues to deal with

• You married abroad and your marriage certificate is not in English

The government’s digital divorce service has made proceedings more accessible, but in matters involving finances and child arrangements, you should certainly consider obtaining legal advice.

Marriage creates financial obligations that do not automatically terminate following separation. Finances are a significant factor in marriage and often include joint assets, such as property, commonly the family home, which is often owned in joint names. As well as, savings, back accounts and investments. Marriages also include joint debts and liabilities.

Informal private financial arrangements between a couple can result in either party being reluctant to disclose assets or potentially hiding them completely. There is no guarantee that a financial arrangement will be approved by a judge or court if the court is not satisfied.

Couples need to ensure the court approves a financial order regarding the financial assets. Full financial disclosure of the marital assets needs to have taken place to ensure that a court will approve an order. This includes any interest in assets like properties, pensions and businesses.

To best protect your financial position in a divorce, it is essential to instruct a solicitor for professional advice.

Emsleys: here to guide you through the divorce process

Divorce is as much an emotional process as it is a legal process, particularly when proceedings involve children and finances. International cases can be especially complex and challenging.

Choosing to use a solicitor for your divorce does not need to create animosity or conflict— it simply ensures that decisions are made in an informed, balanced way. It doesn’t necessarily mean you’ll be going to court, either. Our family law team are members of Resolution, adhering to a code of conduct for the constructive resolution of family disputes and can advise you on out-of-court resolutions.

Recognised by The Legal 500, our Leeds and Harrogate-based family law solicitors have vast experience advising on divorce cases. We’ve built our reputation as a leader in family law — over 99% of our clients would recommend us and use us again.

We appreciate that each case is different and we can guide you through all the necessary steps.For a free, no-obligation discussion about your current situation and any difficulties, simply get in touch today.