Can I get divorced without a Solicitor?
Enquiries for digital divorce services have been steadily increasing over recent years, with monthly Google search volumes for terms like “online divorce” consistently in the thousands. As a result, it is not surprising that figures published by The Law Society also show a growing trend in couples getting divorced without legal representation, known as litigants in person.
However, even with the introduction of the more streamlined digital divorce process and no-fault divorce, which was designed to provide a more amicable route to ending a marriage, there are risks involved when couples try to attempt this on their own without any professional guidance from an experienced family law solicitor.
What are the risks of divorcing without a solicitor?
Obtaining a Final Order (formerly known as the Decree Absolute) is only one part of divorce. Even when a marriage or civil partnership ends amicably, or there are no children involved or complex assets to consider, there could be other legal rights couples need to be made aware of or fully understand the various options open to them.
Arrangements for children or decisions about how finances or assets should be divided should be handled separately and are not part of the administrative divorce process. These specific arrangements should be documented in a court order or deed of separation.
Additionally, divorcing couples might assume that once a Final Order is obtained, it severs all financial ties and prevents future claims against them, but this is untrue. It is not uncommon for disputes over children or finances to arise once the divorce has been finalised, and without a formal Financial Consent Order in place or Child Arrangements Order in place, these can be extremely complex and costly disputes to resolve.
Even if couples manage the initial divorce application themselves to reduce legal costs, speaking with an experienced family law solicitor about your circumstances and to discuss your legal rights concerning a financial settlement is always advisable. It is important to do this prior to the issue of any proceedings as timings and responsibility for the applications can impact the process.
Financial agreements must be finalised into a formal document or court order signed by a judge, so a solicitor should draw up these documents to ensure they reflect a fair settlement and provide the protection needed for you and your family.
Read some of our previous articles for related information:
- No Fault Divorce – A Year On
- Increase in Divorce in the UK – Should I Use an Online Divorce Service?
Family Law Solicitors Near Me
Going through a divorce or separation can be incredibly challenging, so having a family law solicitor to guide you through the process and answer any questions you may have can help alleviate some of the stress involved.
At Bridge McFarland, our team of experienced family law solicitors have assisted countless couples in their divorce process. Whether you expect your separation to be straightforward or know that there are complexities and potential conflicts, we can support you. In addition, we have the knowledge and expertise to assist in cases pertaining to children matters and financial matters.
Our team understands the challenging nature of deciding to split from your spouse. We will do all we can to simplify the process for you and advise on the best course of action to take.
To speak to our team today, please call 0800 987 8800 or email info@bmcf.co.uk. We have offices in Hull, Lincoln, Louth, Market Rasen, Scarborough and Grimsby and possess resources to assist you anywhere in England and Wales.
