Can You Divorce Without a Solicitor? Yes, And Here’s How…
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.
Last Updated:July 25th 2024 Table Of Contents
In the UK, it’s entirely possible to get a divorce without hiring a solicitor or lawyer, particularly if the separation is straightforward and uncontested.
This option, often referred to as a DIY divorce, allows couples to handle the legal aspects of ending their marriage on their own, potentially saving significant costs associated with legal fees.
When both parties agree on all terms, there are no significant financial assets, and no children under 16 years old, you may be able to handle the divorce yourself.
A solicitor can assist with various aspects of the divorce process, including handling financial agreements, property division, and updating important legal documents such as your will.
However, there is no legal requirement or obligation to use a solicitor for every stage of your divorce.
You may decide to handle some or all of the divorce proceedings yourself to save on legal fees if you’re confident in managing the legal procedure and the separation is amicable.
While divorcing without a solicitor can be a cost-effective and simpler route for some, it’s important to understand the conditions where this approach is most suitable.
Couples who agree on key matters such as property division, child custody, and financial arrangements often find that self-representation works well.
That said, not all divorces are straightforward and suitable for this approach.
In more complex cases, involving disputes over finances, child custody, or property, or when there is a power imbalance in the relationship, legal advice may be necessary to protect your interests and ensure the process runs smoothly.
Is a DIY Divorce Right for You?
Filing for divorce without a solicitor can save you time and money, but it’s important to be fully prepared for the responsibilities it entails. If your situation is straightforward, and both parties are in agreement, a DIY divorce can be a smooth and cost-effective option. However, if complexities arise, seeking legal advice—even if just for a consultation—can help protect your interests and ensure the process runs smoothly.
How to divorce without a solicitor UK
Here’s a step-by-step guide on how to get a divorce without a lawyer:
Step 1 – Check Your Eligibility for Divorce
Before submitting an application, ensure that you meet the basic criteria to file for divorce in England and Wales:
- You must have been married for at least one year
- Your marriage must have irretrievably broken down
- One or both parties must be permanently living in England or Wales, or consider it their permanent home
Step 2 – Decide Which Type of Divorce Application is Right for You
Before you begin, it’s important to understand the different ways you can apply for a divorce in the UK.
You can choose between an online divorce or a paper-based divorce, depending on your preference and circumstances.
Online Divorce:
- The online divorce process is generally faster and more convenient. You can complete most of the steps from the comfort of your home.
- The online system guides you through the necessary steps, which can help prevent errors in the application.
Paper-Based Divorce:
- If you prefer handling physical documents or lack reliable internet access, the paper-based divorce might be more suitable.
- This option is available for those who might be uncomfortable with online forms or who need to provide additional documentation that might be easier to manage on paper.
Step 3 – Complete the Divorce Application (Petition)
To start your online divorce, you’ll need to create an account on the UK government’s website. This account will allow you to access and submit the necessary forms.
Follow the prompts to fill in details about you, your spouse, and your marriage. You’ll need to provide your marriage certificate and complete a statement of irretrievable breakdown of marriage.
The current court fee is £593, which you can pay online. If you’re on a low income or receive certain benefits, you may be eligible for help with court fees.
Once completed, review all information carefully before submitting. The online system will send your application to the court and notify your spouse.
Step 4 – Serve the Divorce Papers
After you submit your application, the court will send a copy to your spouse, along with an Acknowledgement of Service form (Form D10).
Your spouse must complete and return this form within 14 days to confirm receipt and indicate whether they agree to the divorce.
The court will notify your spouse by email if you provide their email address. They can respond online to make it easier.
Step 5 – Respond to the Acknowledgement of Service
Once the Acknowledgement of Service is returned, you’ll need to decide how to proceed based on your spouse’s response: If your spouse agrees to the divorce, you can proceed with the application without further complications.
If your ex-partner hasn’t responded, you need to take further action, which involves delays and additional costs.
Here’s a guide on what to do if your ex is dragging out the divorce. At this point, seeking legal advice could be beneficial, even if you’ve managed the process yourself up to this stage.
Step 6 – Apply for a Conditional Order (Decree Nisi)
A Conditional Order, previously known as Decree Nisi, is the first formal stage of your divorce. It confirms that the court sees no reason why you cannot divorce.
Apply for the Conditional Order using Form D84, which you can complete online or on paper.
You will need to provide a statement in support (using the appropriate form depending on the fact relied upon).
The court will review your application and, if approved, set a date for the Conditional Order to be pronounced. You do not need to attend court unless the judge has questions about your case.
Step 7 – Apply for the Final Order (Decree Absolute)
The Final Order, or Decree Absolute, legally ends your marriage. You can apply for this after 6 weeks and 1 day from the date of your Conditional Order. Apply for the Final Order using Form D36.
This can also be done online. Once granted, the Final Order will be sent to both parties, and your marriage will have officially ended.
What Are the Pros and Cons of Divorcing Without a Solicitor?
When deciding whether to get a divorce without a solicitor, it’s important to weigh the advantages and disadvantages carefully.
Here’s a breakdown of the key pros and cons to help you make an informed decision:
| Pros | Cons |
|---|---|
| Cost-saving: Avoid high solicitor fees | Risk of legal errors: Possible mistakes in paperwork or process |
| Control over the process: Handle at your own pace | Potential complications: Difficulties with complex financial and custody issues |
| Simplicity for amicable cases: Easier if both parties agree | Emotional stress: Managing everything yourself can be overwhelming |
| Flexibility: Choose where you need legal help | Lack of legal expertise: Missed opportunities in financial settlements |
If you’re unsure about proceeding without a solicitor, consider using an online divorce service for professional assistance at a lower cost.
Summary:
Pros: Divorcing without a solicitor can save money, give you control over the process, simplify the divorce procedure, and offer flexibility in deciding which aspects to manage yourself.
Cons: Without a solicitor, there’s a higher risk of making errors, complications with finances or custody, increased emotional stress, and missing out on entitlements.
How Much Does a Divorce Without a Solicitor Cost?
Here’s a simple table that outlines the costs of a DIY divorce versus using a solicitor:
| Expense | DIY Divorce (Without Solicitor) | Divorce with Solicitor |
|---|---|---|
| Court Fees | £593 | £593 |
| Mediation Costs | £200 – £750 (only if required) | £200 – £750 (only if required) |
| Court Hearings | No additional cost if self-representing | £500 – £3,000+ per day (if required) |
| Solicitor’s Fees | N/A | £800 – £1,500 (uncontested) |
| Solicitor’s Fees | N/A | £5,000 – £15,000+ (contested) |
If you’re considering the costs involved in a divorce, it’s important to understand the difference between handling it yourself and hiring a solicitor. While a DIY divorce may save you money upfront, it’s worth factoring in court fees and the potential risks of not receiving professional legal advice.
For a comprehensive breakdown of these costs and to see how they compare, you can read our article on the costs of divorce, where we have more detailed information.
If you aren’t confident in completing a DIY divorce, alternative cheap divorce options exist, such as our Online Divorce Service for £249.
Common Pitfalls in a Divorce Without a Solicitor
When handling a divorce without a solicitor, there are several common mistakes that people can make, which may lead to delays, additional costs, or unfavourable outcomes.
Here are the key challenges to be aware of and practical solutions to avoid them:
Incorrect Paperwork
One of the most frequent issues in DIY divorces is filling out the divorce application incorrectly. This can result in the court rejecting your application, causing delays and frustration. Whilst the online divorce system has mitigated this somewhat, couples still often make mistakes on the forms.
Failing to Formalise Financial Agreements
Many people assume that a verbal or informal financial agreement with their spouse is enough. However, without a legally binding financial settlement (a consent order), your ex-spouse could make future financial claims against you, even years after the divorce is finalised.
Ensure you formalise any financial agreements through a consent order. This legally binding document confirms the division of assets, pensions, and maintenance, protecting you from future claims.
Overlooking Pension Entitlements
Pensions are often the most valuable asset in a marriage after the family home, yet they are frequently overlooked in DIY divorces. Without legal advice, one party may miss out on their rightful share.
Obtain a pension sharing order to ensure pensions are divided fairly. If you’re unsure, it’s wise to seek legal advice on pensions even if you handle other parts of the divorce yourself.
Misunderstanding Child Arrangements
When children are involved, agreements about custody, visitation, and child support need to be clear and enforceable. DIY divorces may result in vague or non-binding arrangements that can lead to disputes later.
Draw up a clear parenting plan, detailing custody and visitation schedules. If possible, formalise the agreement through the court to ensure it is legally binding and enforceable.
Emotional Challenges
Divorce can be emotionally overwhelming, and trying to manage the legal process on your own may add to the stress. This can lead to making rushed or poor decisions.
Underestimating Court Fees
While a DIY divorce saves on solicitor fees, people often forget about court costs, which can add up, especially if forms are submitted incorrectly and need resubmitting.
Failure to Consider Long-Term Consequences
Without legal guidance, individuals may not fully understand the long-term financial and legal consequences of their agreements. For example, agreeing to sell the family home without considering future housing needs or tax implications can lead to complications later.
Before finalising agreements, take time to consider your long-term financial security, especially regarding property, maintenance, and assets. Even a one-time consultation with a solicitor can help ensure you’re not making short-sighted decisions.
The Simplest Way To Get Divorced
The simplest way to get divorced without a solicitor is to undertake an online uncontested divorce. An online divorce is the middle ground between hiring solicitors and completing a DIY divorce. Our service for £249 will save you thousands in legal fees and because we handle everything for you, we remove the additional stress and pain of handling it yourself.
When Do You Need a Solicitor for a Divorce?
While it’s possible to get a divorce in the UK without a solicitor, there are certain scenarios where hiring legal representation can be beneficial, or even necessary.
A solicitor can provide expert guidance in complex situations, helping you avoid costly mistakes and ensuring that all legal aspects are covered.
Here are some key situations where you might want to consider seeking the help of a solicitor:
1. Complex Financial Situations
If your divorce involves substantial assets, shared investments, pensions, or business interests, it’s wise to get a solicitor involved.
Dividing complex financial portfolios can lead to disputes, and a solicitor can ensure that your financial interests are protected and that any agreements are legally sound.
They can also help draft binding agreements, such as a consent order, to formalise how finances will be divided.
If you and your spouse own a business together or have multiple properties and get divorced without professional guidance, it could result in unfair outcomes or overlooked details. A solicitor will have the expertise to handle these complexities.
2. Property and Money Issues
Even in amicable separations, property and money issues can be tricky.
For example, if you need to decide who will live in the family home, how shared assets will be divided, or whether spousal maintenance will be necessary, a solicitor can ensure that the agreement is fair and legally binding.
This is particularly important if children are involved, as financial settlements must consider the future needs of the children.
You may agree on who gets the house, but unless this agreement is formalised, it could lead to future disputes or difficulties selling the property later on. A solicitor can draft the necessary documents to make the arrangement legally binding.
3. Uncooperative Spouse and Contested Divorces
If you and your spouse disagree on key aspects of the divorce, such as child custody arrangements or the division of property and finances, it’s essential to have a solicitor.
You may also need a solicitor if your ex-partner is uncooperative and withholds their address or refuses to respond to the court. Solicitors can guide you on how to proceed if a spouse intentionally drags out the divorce.
4. Child Custody and Support Disputes
If you have children under the age of 16, particularly in cases where you cannot agree on custody, child support, or visitation rights, hiring a solicitor is crucial.
Children’s welfare is paramount in the eyes of the court, and a solicitor will ensure that any agreements are in the best interest of the children and comply with legal requirements.
You may have different views on where your child should live or how much time they should spend with each parent. A solicitor can help mediate these issues and ensure that any agreements are legally sound and enforceable.
5. Domestic Abuse or Power Imbalances
It is important to have a solicitor to protect your interests and ensure your safety during the divorce process if there has been any history of domestic abuse or significant power imbalances in the relationship.
A solicitor can help you navigate the divorce process sensitively, ensuring you are not pressured into unfair agreements.
In cases where one party has been controlling or abusive, a solicitor can help secure protective orders or ensure that any settlements are fair and not the result of intimidation.
6. Ensuring You’re Fully Informed
Even in seemingly straightforward cases, having early legal advice can help you understand your rights and obligations.
A solicitor will guide you on issues like child support, division of assets, and spousal maintenance, ensuring you make informed decisions throughout the process.
Most couples who get divorced without a solicitor aren’t aware of certain entitlements, such as a share of their spouse’s pension. A solicitor can ensure you’re fully informed before signing any agreements and in doing so, help you reach a fair financial settlement.
Frequently Asked Questions
Can I use an online divorce service instead of doing everything myself?
Yes, an online divorce service can be a great alternative to managing everything yourself.
Online divorce services typically provide guidance on completing the paperwork and ensures your forms are correctly submitted, which can help avoid mistakes.
Our online divorce application offers a middle ground between full legal representation and a completely DIY approach, for much a lower cost than hiring a solicitor.
Will I need to go to court if I handle my own divorce?
In most uncontested divorces, you do not need to appear in court. You can now process your application digitally without needing to visit the court.
This is the same if you go down the paper route and do not file for divorce online.
However, if there are disputes over finances or child arrangements, you might not be able to avoid attending court.
In these cases, hiring a solicitor may be advisable to represent you in legal proceedings.
Can you divorce without the other person’s consent?
Yes, you can apply for a divorce without your spouse’s consent, but it may be more complicated. In the UK, you can apply for a divorce if you can show the relationship has broken down irretrievably.
If your spouse refuses to respond to the divorce application or contests it, the process may take longer and could require court involvement.
In such cases, hiring a solicitor may be advisable to navigate the complexities of a contested divorce.
What if my spouse refuses to cooperate?
If your spouse refuses to cooperate with the divorce or contests certain aspects, such as financial settlements or custody arrangements, it can make a DIY divorce challenging.
In such cases, it’s often best to involve a solicitor to help negotiate terms or represent your interests in court.
A solicitor can also help if your spouse is delaying the process or refuses to sign the necessary documents.
Can I get legal advice without hiring a solicitor full-time?
Yes, you can get one-off legal advice without hiring a solicitor for the entire divorce process.
This is often referred to as “unbundled” legal services, where you pay for specific help, such as reviewing financial agreements or drafting a consent order.
This is a good option for those who want to handle most of the divorce themselves but need expert guidance on critical aspects.
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 ignore the divorce papers or be non-compliant.
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.
Whilst the new divorce law has made it easier for couples to navigate the divorce process, seeking legal advice is still important.
And, although it’s now easier to file your own divorce, this doesn’t mean you can simply get a free divorce – there is still the £593 court fee to pay.
For further information on what the no-fault divorce law changes mean for you, read our guide to no-fault divorce.
Start Your Divorce Online From £249
For couples who agree 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.
