Do I need a Solicitor to get divorced in the UK?

Do I need a Solicitor to get divorced in the UK?

The quick answer is simply: “no, you do not need a Solicitor to get divorced in the UK”. For a bit more detail, read on..

There is no legal requirement to be represented by a Solicitor during the process of a Divorce. This is especially true since April 2022.

Before April 2022, someone wanting a divorce would have to state and prove a reason for wanting one. Reasons included things like unreasonable behaviour, adultery and periods of separation of at least two years. 

The need for a reason and proof disappeared in April 2022. 

Now, under the new system, you do not need to establish any of this. The divorce is simply based upon the fact that the marriage has broken down. Usually, the divorce cannot be contested and it is a matter of just going through the online process, which is fairly straightforward. For more details on this online process, click here.

You can, of course, instruct a Solicitor to deal with the divorce.

This might be because you you want the Solicitor to take the responsibility of dealing with the divorce from you. You may also not feel confident in dealing with the divorce process.

We believe it is extremely important to obtain the advice of a Solicitor in relation to financial and property issues. This includes a property or properties owned by you or your spouse (or both of you), other assets, businesses, pensions, maintenance and how the risks of claims in the future can be avoided.

It would be better to obtain this advice at any early stage in the divorce process and, preferably, even before the divorce proceedings have been commenced.

Similarly, if issues relating to children need to be resolved and it does not seem that agreement can be reached between you and your spouse, then Solicitors can advise with regard to children issues.

We encourage anyone unsure about any aspect of a divorce to use our free 30 minute consultation.

Article written by Jeff Garland, our Solicitor and Head of Divorce and Child Law. from our Preston, Lancashire office.

If you want further help, reach out to us at 01772 37 44 75 or use the calendar below to book an appointment with Jeff directly. Remember, our initial 30 minute appointment is completely free and without any obligation to formally instruct us.