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If you’ve decided you need to exit your marriage, you might well be wondering, “Do I need a solicitor for my divorce?”
Some couples try to DIY their divorce without a solicitor, believing it to be the best way to get divorced easily and spend less money on the process.
However, while this may seem like a cost-effective solution, trying to complete your divorce without legal advice can lead to mistakes that will cause further delays, costs, and stress.
The long-term consequences of DIY divorce outweigh the short-term costs of seeking legal advice.
By instructing a family solicitor, you will save yourself time and can be confident in the divorce process from the beginning.
The UK legal system is highly complicated, with specific procedures and legal terminologies that can be very confusing to the untrained eye.
Getting something wrong is a high stakes gamble you take during DIY divorces. You risk agreeing to unfair child arrangements and costly financial agreements, simply because you do not understand exactly what they mean.
The advice of a trained solicitor is essential for supporting you through the legal intricacies and emotional challenges of a divorce, ensuring a fair and just outcome for all parties involved.
When emotions are running high, it can be all too easy to do or say something in the heat of the moment that you might regret later.
Without objective legal advice, you could end up making hasty decisions that don’t protect your best interests.
A solicitor can help you make better, rational decisions that actually serve your interests.
Additionally, with legal representatives involved, it can be much easier to take a collaborative, communicative approach to negotiations.
For example, an independent and professionally trained Mediator can assist couples to engage in focused negotiation to reach a settlement.
A solicitor can also advise you on what you can reasonably expect to achieve regarding the division of assets and explain the best way to protect your position.
For families, divorce can become even more difficult when deciding what is in the best interests of the children.
Whilst you naturally want what is best for your child, it can become difficult when going through a separation to stay focussed on what your child needs and what arrangements would be in their best interests.
It is sadly not uncommon for divorcing parents to find themselves fighting for child arrangements based on their personal wishes rather than what is in the children’s best interests. Parents may pressure their children to “pick a side,” which can be hugely damaging for both the children and their other parent.
Reaching an agreement on custody and visitation rights can be emotionally charged and getting it wrong can be devastating for both parties.
An experienced family solicitor can help ensure that the welfare of children is prioritised, facilitating agreements that are in their best interest, rather than the interests of the parents.
They will help you approach matters with sensitivity and provide you with sensible advice to resolve matters swiftly and amicably.
In cases where you cannot reach an agreement over arrangements for your children, a solicitor can also help you make an application to the Court, as well as advise you on benefit entitlement, housing and child support issues.
We can also assist you with paternity issues, such as applying for a ‘prohibited steps order’ to prevent your former partner from doing something that you do not feel is in the child’s best interest, or a ‘specific issue order’ to resolve a particular issue that remains outstanding, for example, which school the child is to attend or medical treatments etc.
If you have concerns about your child’s safety, a solicitor can also help you make an urgent application for a Child Arrangements Order to limit contact and protect your child’s welfare.
However, this should only be done if there is a genuine risk of harm to your children from your ex-partner. A Child Arrangements Order is to protect the child, not to score points between parents.
Many couples put off hiring a solicitor to help them through the divorce process because of the legal costs involved.
They may also wish to avoid the expense of Court proceedings to resolve their financial arrangements and often seek to reach a settlement through direct negotiation.
However, without a solicitor’s advice, you may overlook significant assets, potentially leading to an unjust settlement and causing further financial losses in the long run.
A solicitor can enter into financial negotiations on your behalf and help you achieve a fair settlement, ensuring that assets such as pensions, properties, and investments are divided equitably.
You will then be able to put legally binding financial arrangements in place that prevent your ex-partner making a financial claim against you in the future.
Legal advice is an upfront investment, but it will save you substantial amounts of money in the future.
Divorce is a stressful and emotionally draining process.
Without independent legal advice, you could end up with poor financial settlements, unfair child arrangements, and a complete breakdown in your family relationships.
That’s why you need a family solicitor for your divorce.
They will help you work through the divorce process with professionalism and empathy, helping you reach agreements that respect the interests of all parties involved.
Our friendly, trained collaborative family lawyers are here to help you reduce the stress and costs of a divorce whilst making sure your interests are fully protected.
If court proceedings need to be issued in order to keep matters progressing, we’ll represent you and offer compassionate support every step of the way.
Do you need a solicitor for your divorce? Contact our family law team today for independent legal advice and guidance.
Director – Head of Family Department
I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.
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