Do I Need a Solicitor if I Agree to Divorce?

06 December 2017

It is not uncommon for a marriage to break down and for both parties to decide that divorce is the right choice. It can be the case that both parties could be at fault for the breakdown of the marriage and so either person could start the divorce proceedings, and often the couple may be able to come to an agreement over who will submit the Divorce Petition.

You may then wonder if you need a Solicitor at all to help you through the divorce process. Whilst you don’t have to instruct a Divorce Solicitor, doing so would ensure that the process is completed correctly and efficiently, and that matters between you and your ex can be finalised properly.

Benefits for the Petitioner of Instructing a Solicitor

The person that starts the divorce is known as the ‘Petitioner’. This person will carry out the majority of the work during the divorce process.

Amongst other things, this role will involve completing the various Court forms that are required. If any of the forms are not completed correctly, the Court will reject them and in turn this will delay the divorce process.

By instructing a Divorce Solicitor, you can ensure that all of the divorce papers are completed correctly to avoid any unnecessary delay. It also means you will not have to spend any of your own time reading through and completing the forms yourself, as the Divorce Solicitor can do everything for you.

Benefits for the Respondent of Instructing a Solicitor

If your spouse starts the divorce proceedings, you will then become the ‘Respondent’. Once the divorce papers have been issued by the Court and received by you, you will have to complete a form to confirm you have received the papers and to confirm that you do not wish to defend the divorce.

Again if this form is not completed correctly, the Court will reject it and this will cause a delay to the divorce proceedings. A Divorce Solicitor can complete this form on your behalf and advise you on the contents of the Petition to ensure that you are completely happy with it before proceeding.

Other Matters to be Dealt with Following Divorce

It’s very important to note that the divorce process only ends the marriage, it does not resolve financial matters between the couple or make any arrangements for any children. Even if both people agree that they want a divorce, the other issues might not be as straight forward.

It’s always best to obtain a Financial Order when getting a divorce to ensure that all financial matters between you and your ex are resolved.

Each person can use a Family Solicitor to negotiate the financial or child arrangements on their behalf. In these cases, the Solicitor can also make any necessary Court applications. Even if all matters are agreed, a Solicitor will be needed to prepare any Financial Orders for the Court’s approval.

Fixed Fee Divorce

If your Divorce is agreed on by you and your ex, we offer a Fixed Fee Divorce for £500 plus VAT and Court fees. This will be payable by the Petitioner, however, it is possible to agree with your ex that the costs of the Divorce will be shared between you.

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