Do I need a solicitor?

The short answer

For the divorce itself: You often don’t need a solicitor. The online application is designed for individuals to complete themselves.

For finances: Legal advice is usually worth getting, even if you reach agreement yourselves. A solicitor can check the agreement is fair and help make it legally binding.

For children matters: Try mediation first. If that fails and you’re heading to court, legal advice becomes more important.

For court hearings: If you have contested hearings, representation is strongly advised.

When you probably don’t need a solicitor

You might manage without a solicitor if:

• You and your spouse agree the marriage is over
• You have few assets or only straightforward finances
• You’re both willing to be open about money
• You don’t have children, or agree on arrangements
• You can communicate civilly with your spouse
• You’re comfortable with paperwork and online forms

The divorce application itself is straightforward. GOV.UK provides guidance, and the online forms are designed for individuals to complete.

When you probably should get legal help

Consider getting a solicitor if:

• You have property, pensions, or significant savings to divide
• One or both of you owns a business
• There’s a dispute about what you’re each entitled to
• You’re not sure what a fair settlement looks like
• Your spouse has a solicitor and you don’t
• There’s been domestic abuse
• You’re worried about your spouse hiding assets
• You might need to go to court

Even if you agree on everything, having a solicitor review your agreement and prepare the consent order can be invaluable.

Different levels of legal help

You don’t have to choose between “doing everything yourself” and “hiring a solicitor for everything.” There are options in between:

DIY with online divorce services

Services like Divorce-Online, QuickieDivorce, or Amicable offer packages to handle the paperwork for you at lower cost than traditional solicitors. Good for straightforward divorces.

Cost: £200-£600 plus court fees

Fixed-fee divorce

Many solicitors offer fixed-fee packages for the divorce application itself. You know the cost upfront.

Cost: £500-£1,500 plus court fees

Pay-as-you-go advice

Get a solicitor to advise on specific issues without handling everything. You might pay for an hour’s consultation to understand your rights, then handle negotiations yourself.

Cost: £150-£350 per hour typically

Full representation

A solicitor handles everything – correspondence, negotiation, paperwork, court appearances. Essential for complex or contested cases.

Cost: Highly variable – thousands to tens of thousands for contested cases

Unbundled services

You do some tasks, your solicitor does others. For example, you handle correspondence but they draft the consent order.

Cost: Somewhere between DIY and full representation

What solicitors actually do

A family solicitor can:

• Advise on your legal rights and what you’re entitled to
• Explain the process and what to expect
• Draft and review legal documents
• Correspond with your spouse or their solicitor
• Negotiate on your behalf
• Represent you in court
• Prepare consent orders to make agreements binding
• Advise on tax implications of different settlements

They can’t:

• Tell you what to do (they advise; you decide)
• Guarantee any outcome
• Make your spouse agree to something
• Act for both of you (that’s a conflict of interest)

The one-solicitor myth

You might hear that “we’ll just use one solicitor” to save money. This doesn’t work.

A solicitor can only act for one client. They cannot advise both of you or ensure the agreement is fair to both. What sometimes happens is:

• One person instructs a solicitor
• The other person reviews the paperwork themselves (or with a different solicitor)
• Both sign the consent order

This can work if you’ve already agreed everything, but the person without a solicitor is taking a risk.

When to involve a solicitor

At the start: A one-off consultation can help you understand your rights and what to expect. Even an hour of advice can be worthwhile.

Before signing anything: Get any proposed agreement reviewed before you commit to it.

If negotiations stall: A solicitor can often move things forward when direct negotiations have stalled.

Before court hearings: If you’re going to court, professional representation is usually worth it.

Before the final order: Ensure your financial position is protected before the divorce is finalised.

What about barristers?

Barristers are specialist advocates who represent you in court. Traditionally, you’d instruct a solicitor, who would then instruct a barrister for hearings.

Direct access barristers: You can now instruct barristers directly for certain work, potentially saving the solicitor’s fees. This can work well for specific hearings if you can handle the other aspects yourself.

Free or low-cost alternatives

If cost is a concern:

Legal aid: Available if you’re on a low income AND there’s evidence of domestic abuse (or some other specific situations). Check eligibility at GOV.UK.

Law Centres: Some offer free family law advice. Find your local one at lawcentres.org.uk.

Citizens Advice: General guidance on divorce and separation (not detailed legal advice).

Pro bono clinics: Some areas have free legal clinics. Check with your local law society.

Fixed-fee services: More affordable than hourly billing for straightforward matters.

Questions to ask yourself

Before deciding on legal help:

1. Do I understand my rights? If not, at least get a consultation.

2. Are finances straightforward? If you have property, pensions, or debts, advice is valuable.

3. Can my spouse and I communicate? If not, you may need someone to negotiate for you.

4. Is there a power imbalance? If your spouse knows more about finances or is more assertive, you may need support.

5. What can I afford? Balance the cost of advice against the risk of an unfair settlement.

6. What’s my spouse doing? If they have a solicitor, you should probably have one too.