The Role (& Value) of a Solicitor During the Divorce Process

Since the introduction of ‘no-fault divorce’ and an online portal, the divorce process has been simplified. Many couples are contemplating ’DIY divorce’ and questioning whether they really need to pay for a solicitor.

There is no legal requirement to instruct a solicitor when divorcing. However, many people value the expertise of a solicitor handling the process, as well as the peace of mind associated with receiving expert legal advice relating to finances and child arrangements.

When divorcing without a solicitor, there is a risk of not achieving the best outcome for you or having difficulties, if for example your spouse does not engage in the court process.

What does a solicitor do during divorce?

A solicitor plays a key role in the two main aspects of divorce: the process itself, and the settlement of finances and any child arrangement issues.

They will discuss all of your options with you, with the aim of obtaining an out-of-court settlement. If you do go to court, they will represent you and explain the process and outcome.

1. Handle the full legal process

The solicitor will file your divorce application and all necessary forms on your behalf through the HMCTS portal.

Whilst this system is user friendly for people divorcing without legal representation, your solicitor will be familiar with the entire procedure, including any potential difficulties. This eliminates problems and possible delays due to any errors in submitted forms.

Divorce documentation can be confusing and some people may be worried about legal jargon. A solicitor will help you to fully understand every stage, avoiding any potential delay as a result of lack of understanding or knowledge.

We’ve written in more detail about the various stages involved with the divorce process.

2. Ensure a fair and reasonable financial settlement

Being divorced does not mean that the financial issues of the marriage have been resolved – the formal divorce process is separate although parallel to negotiations relating to matrimonial finances.

A solicitor will help you to navigate the process of achieving a fair settlement. They will offer impartial legal advice, make you aware of your entitlement and help you to achieve the best possible outcome in accordance with the law (specifically, the Matrimonial Causes Act 1973).

A recent study on money, property and divorce, led by the University of Bristol, found that women in particular are missing out financially by not seeking legal advice.

By trying to ‘divorce on the cheap’, many are ‘bypassing a legal system designed to achieve fairness’. Around 100,000 couples divorce each year in England and Wales, but only approximately 40% of these used a solicitor.

Your solicitor will be able to establish whether there are any potentially undisclosed assets, and give advice upon the most appropriate, cost-effective steps to protect your interest in those assets.

3. Help you reach an agreement on child arrangements

If there are children involved, your solicitor will give you expert legal advice about your respective rights and those of your children. Such arrangements may include a child arrangement order relating to who the child will live with and/or spend time with otherwise. This was previously known as custody and access.

The solicitor will prioritise achieving an out-of-court negotiated agreement where possible.

The solicitor will advise you on what court orders are appropriate and what kind of arrangements are most likely to be ordered by the court. Having knowledge of this can encourage you and your ex-partner to reach an agreement by mediation instead going to court.

Most divorces are dealt with on paper via correspondence and negotiated by parties aiming to be in agreement, without the need for court intervention.

Why is it important to get advice from a solicitor during the divorce process?

Finances are a significant factor in most marriages – assets, such as the family home, are typically owned in joint names. Other properties, savings, pensions and businesses are other considerations.

There is a misconception that, divorce automatically terminates your financial ties and obligations. However, you do need a financial order, commonly known as a clean break order. A court or judge will not accept informal arrangements, such as self-prepared documents which are not written correctly.

For a court to approve a financial order, full financial disclosure of the marital assets and liabilities needs to have taken place. There’s always a risk that either party may be reluctant to disclose assets, or could potentially hide them completely.

A solicitor will provide expert, impartial advice on your rights and your financial interests, allowing you to fully understand your position. They will also be able to negotiate on your behalf, so you receive a fair settlement.

It is vitally important that you obtain expert legal advice about your individual situation, especially if:

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

• Your divorce has an international dimension

• 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 married abroad and your marriage certificate is not in English

Instructing a solicitor to assist with your divorce process can provide peace of mind at what can be a time of great emotional stress. They can take the personal pressure, ensuring the procedure is correctly followed the first time around and any potential divorce process issues are dealt with quickly.

If your ex-partner does not cooperate for whatever reason, your solicitor will know how to overcome the legal hurdles to ensure your case is handled effectively. This ultimately saves time and allows your divorce to proceed as quickly and smoothly as possible.

Divorcing with a solicitor: costs and fees

Many people are worried about solicitors fees, which is an understandable concern and why many people choose a DIY divorce. However, divorce costs are often lower than people expect.

At Emsleys, we offer free, no-obligation initial consultations, with a fixed fee of £600 (which includes VAT) for a standard, uncontested divorce. This involves the handling of all the paperwork and proceedings.

Any additional advice relating to financial and child arrangements is charged at £342 per hour (which also includes VAT) – although we’ll make you fully aware if this was to be needed. We pride ourselves on openness, transparency and flexibility.

In addition, there is a £612 court fee which must be paid, although there are circumstances where this fee can be reduced or waived. Read our divorce pricing and payments guide for more information.

Emsleys: award-winning solicitors for divorce and separation

It’s ultimately your decision whether to pay for a divorce solicitor. Whilst there is no legal requirement to do so, it does offer simplicity and peace of mind at what can be a difficult time, as well as ensuring the best financial settlement for you.

At Emsleys, our family law team has been guiding individuals through the divorce process since 1987. This includes advising on settlement agreements, child arrangements, financial issues, international cases and pre- and post-nuptial agreements.

We offer a service from start to finish to take you through every step of the divorce process. We try to negotiate agreements outside of the Court, but if agreements cannot be reached, we will provide effective representation for you in Court.

We work closely with a team of experienced barristers, mediators and other experts whom we instruct regularly. We will also advise you about matters relating to children and money.

Rated as ‘Excellent’ on Trustpilot and acknowledged as a ‘Leading Firm’ in The Legal 500, 99% of our customers saying they would use us again and recommend us to their family and friends.

Our welcoming offices in Leeds, Harrogate and Sherburn-in-Elmet can be the perfect place for these often challenging initial discussions, but we work remotely nationally and internationally on cases of all types and complexities, should you prefer.

To move forward with confidence during your divorce, contact our family law experts today to arrange a free, no-obligation initial consultation.

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