Do I really need a divorce solicitor?

Since May 2018 members of the public have been able to submit their own divorce petitions online. Since April 2022 the new 'no-fault' divorce law has meant a radical new approach to divorce and for the first time there is no need to assign blame. In fact, divorcing couples can now even submit a joint divorce petition online. So, if it is possible for people to handle their own divorces and even start that process themselves, online and from the comfort of their own homes, where do lawyers fit into this, and what can we offer? Do you really need a divorce solicitor?

A divorce does no more than dissolve your marriage. The divorce will not automatically deal with the two big issues affecting most separating spouses; your children and your finances. 

Often arrangements for children can be agreed fairly easily between parents and indeed the arrangements that you make do not need to be approved by a Court or a Solicitor. It is only in the event of a dispute regarding those arrangements that lawyers, or sometimes a court might become involved. Even if you are struggling to reach an agreement there are lots of resources available to help guide parents, that do not necessarily involve anything legal. Mediation can be a cost effective way to reach an agreement about where your children live and what time they spend with each of their parents. 

Assuming that the child arrangements can be agreed, the most challenging aspect of any divorce (particularly now that 'fault' has been removed) is working out how the finances can be divided in a fair and reasonable way. It is a common, and incorrect, assumption that once the divorce has been finalised by obtaining a Decree Absolute (or Final Order as it is referred to under the new law) that this dismisses any financial claims that you might have against each other. This is not the case. This means that if you have not addressed the financial issues during the divorce process your ex may be in a position to make a financial claim after the divorce has been completed, sometimes many years down the line. This could come as an unpleasant surprise, particularly for those who have built up assets since the divorce. Even if couples do not have any assets at the time of the divorce it may be wise to consider a clean break consent order to ensure that no future claims can be pursued. 

There is no formula for working out a financial settlement on divorce. There is no 'right' or 'wrong' outcome. The objective is to achieve a fair outcome. This requires a good understanding of the current law, as well as skill and experience in applying that law to your individual circumstances. 

Legal advice can help you consider factors that you may not have taken into account and importantly help you to reach a financial settlement that provides you with security and allows you to move on independently without fear of future claims or uncertainty. 

The financial settlement is a very important aspect of any divorce process and needs careful consideration. 

If you think that you might have an issue which requires advice then please do not hesitate to contact us on 01823 259449 to arrange an initial fixed fee appointment.