Why do I need to instruct a solicitor when I get a divorce? The things to consider

People will often consider arranging their own divorce or dissolution to save some money. Is this a good idea? Here, Director James Belderbos explores the argument for a DIY divorce against instructing a solicitor.

In many areas of our lives, we look at ways to reduce the cost of getting something done by doing it ourselves. DIY is not just about a trip to B&Q or Homebase. We get our hands dirty on everything from selling a car to planning our own wedding.

So, does this also apply, then, to getting a divorce? Can you DIY your split and save some money in the process? You may have asked yourself what is the cheapest way to get divorced.

When it comes to a divorce or dissolution in England, Wales or Northern Ireland, anyone can choose to do it themselves, and there is plenty of advice out there on how to. That doesn't mean, however, that it is suitable for everyone.

Getting a divorce is one of life's big decisions. There are those choices we make in life that can have a bearing on the rest of our lives, and this is one of them. Getting a divorce is not a decision we take lightly, nor is how we go through with it.

So, firstly, let's look at the various things we must consider when getting a divorce or dissolution. And then we can answer the question, 'Why do I need to instruct a solicitor?'

Things to consider when you get divorced

1. Do I need to go to court?

Together, with around 6,500 other family lawyers and professionals, Belderbos Solicitors are members of an organisation called This site is a step-by-step guide on how to apply, your options on making a joint application or application on your own, fees and where to get further help and advice.

Please be warned, the unintended consequence of making the process of divorce for separating couples online is that many have not realised that they should also get a financial settlement. The online divorce does not give you a financial order. Without a financial order your former husband or wife still has a financial claim against you.

A written agreement, even if signed by you both, is not enforceable unless it is approved by a court.

Getting legal advice for your divorce

Family lawyers like us are here for very good reasons. Arranging your own divorce, including child arrangements and financial settlements, is possible, but it is inherently risky. Your split will have an impact on your financial situation, where you live and where your children spend their time. Getting a divorce or dissolution is a big deal.

This is why we recommend that you do instruct a solicitor when you get a divorce or dissolution. These are the reasons:

1. Complex legal procedures - family law involves intricate legal procedures, regulations, procedure rules and practice directions. A solicitor can guide you through the complex process, making sure that you understand your rights and obligations.
2. Specialised knowledge - family law solicitors have the expertise to navigate complicated family law issues, such as divorce, child custody, child support and property division. They can provide tailored advice based on your specific set of circumstances.
3. Representation in court - if your case goes to court, a solicitor can represent you, or instruct a barrister to do so acting in your best interests and ensuring that your rights are protected.
4. Negotiation skills - solicitors are skilled negotiators who can help you reach agreements with your partner outside of court, such as in mediation, potentially saving time and money.
5. Emotional support - yes, family law matters can be emotionally challenging. A friendly, empathetic solicitor can provide support and guidance throughout the process, helping you to navigate difficult, often emotional situations.
6. Avoiding common mistakes - solicitors can help you avoid common mistakes that can have serious consequences, such as failing to meet deadlines or providing incorrect information.
7. Peace of mind - divorce or dissolution can be stressful. Knowing that you have a qualified legal professional representing your interests can provide you with peace of mind during a mentally challenging time.
8. Protect you - sadly some couples facing divorce simply don't know what they are entitled to and may readily accept a settlement proposed by their former partner believing it to be fair when it is far from fair. Sometimes they may not feel intimidated by their former partner. A significant example of this is not considering pensions. Often pensions are worth considerably more that the family home.

Returning to the analogy of a trip to your local hard ware store when undertaking a DIY task, do you really feel you have the knowledge, the correct tools, materials, the time and the emotional energy to undertake a project. How often have you said wouldn't it be just so much easier to get an expert to help?

Some people will say that lawyers are expensive but you may ask, can I afford not to have the right legal advice?

In summary, we believe that consulting a solicitor for family law matters, such as divorce or dissolution, is a valuable investment in your financial future - your wellbeing and your children's. A solicitor can provide expert advice, representation and support, helping you to navigate the complexities of family law and achieve the best possible outcome.

Talk to us today about how we can help navigate your divorce or dissolution to get the best possible outcomes for you and your children. Until you have sat down and shared your story with us you may not realise what is important.