Going through a divorce can be emotionally challenging and the legal aspect can often seem intimidating. A common question many people ask is whether they need to hire a solicitor to facilitate their divorce. The answer, in the context of England and Wales, varies depending on the circumstances and complexities of the case.
Getting a Divorce Without a Solicitor:
In certain cases, you may not need a solicitor for a divorce. If the divorce proceedings are straightforward — meaning both parties agree on the divorce and related matters such as dividing assets or child custody — you may be able to manage your divorce without the need for a solicitor. This is often referred to as a DIY divorce.
In this scenario, you can directly download and fill out the divorce application form from the Gov.uk website and pay the relevant court fee. The court should provide guidance throughout the process.
Benefits of Hiring a Solicitor:
Despite the possibility of a DIY divorce, there are several reasons you may wish to consider hiring a solicitor.
- Legal Advice: The law around divorce can be complex and a solicitor can provide advice and guide you through the process. They can explain your rights and any legal terms you may not understand.
- Mediation: A solicitor can help mediate any disagreements or disputes about the terms of the divorce.
- Division of Assets: If significant financial assets are involved or if you and your partner disagree on how to divide property and finances, a solicitor who specialises in financial matters can provide valuable advice and support.
- Child custody and visitation: When children are involved, determining custody and visitation rights can become complex. A solicitor can help advocate for your rights to ensure the best interests of your children are upheld.
- Peace of Mind: Knowing that a professional is handling your divorce can provide peace of mind during an emotionally challenging time.
In conclusion, while a solicitor may not be strictly “needed” for a divorce, many people find that having professional representation can help manage the process more smoothly and reduce the emotional and psychological stress of a divorce. Furthermore, in more complex cases involving significant financial assets or disagreements over child custody, obtaining legal assistance is recommended. A solicitor will have the experience and knowledge to guide you through the legal aspects of your divorce and represent your best interests.
If you are considering divorce or separation in a relationship or looking for assistance or guidance then look no further than Alexander JLO’s team of specialist, expert divorce lawyers. Why not give us a call on 020 7537 7000 or email peter@london-law.co.uk and see what we can do for you?
This blog was prepared my Guy Wilton, one of Alexander JLO’s specialist divorce lawyers on the 22nd February 2024. It is correct at the time of publication. Guy’s profile on the independent Review Solicitors website can be found Here