Do You Need a Solicitor to Get Divorced?

It’s a simple question, and one that comes up early:

Can you get a divorce without a solicitor?

In England and Wales, the technical answer is no. You can apply for a divorce yourself, particularly since the introduction of no‑fault divorce in April 2022, which removed the need to assign blame and simplified the process.

But that doesn’t necessarily mean you should.

While the application itself can be dealt with online, going through a divorce without legal advice carries risk, especially when decisions about finances, property, or children are involved. What seems straightforward at the outset can become more complicated once those issues are on the table.

Many people start out intending to handle things themselves and only seek advice later, often after important decisions have already been made.

You can get divorced without a solicitor

It is possible to deal with the administrative side of a divorce yourself if both people are in agreement, and the process is set up to allow that.

But that can give a false sense of simplicity.

In reality, handling a divorce without legal advice only tends to work where:

• The decision to divorce is mutual
• Finances are genuinely simple and already agreed
• There are no disputes about property or children
• Both people fully understand the financial position

Even then, those situations are more limited than they first appear. What looks straightforward at the outset can change once finances are examined more closely or practical arrangements are discussed.

The part people underestimate

The divorce itself is procedural. Since 2022, the court process follows a set structure and is generally more straightforward than it used to be.

What matters far more is everything that sits alongside it:

• Who keeps the family home
• How savings and other assets are divided
• What happens to pensions
• Whether any ongoing financial support is needed
• Arrangements for children

These are not short‑term decisions. They shape financial security and day‑to‑day life moving forward.

It is not unusual for people to agree terms early on to keep things amicable, only to realise later that those terms do not reflect what is fair or sustainable.

Where things can go wrong

Most issues in divorce are not caused by immediate conflict. They develop quietly.

For example:

• One person has a clearer understanding of the finances than the other
• Pensions are overlooked or misunderstood
• There is pressure to reach agreement quickly
• Informal arrangements are made without being properly formalised

Once a financial agreement is turned into a consent order approved by the court, it becomes legally binding. Revisiting that agreement later can be difficult.

That is often the point where people recognise that getting advice earlier would have made a difference.

What a solicitor actually helps with

A solicitor’s role is not limited to processing paperwork. It is about making sure you understand your position before decisions are finalised.

That can include:

• Explaining what the law says about financial division
• Helping you understand what a fair outcome may look like
• Identifying risks or gaps in proposed agreements
• Ensuring any agreement is properly documented and enforceable

Some people need full support throughout the process. Others take advice at key stages and handle parts themselves. Both approaches can work, provided decisions are made with a clear understanding of the consequences.

When getting advice is the sensible step

There are situations where going it alone carries more risk.

These include:

• Property or multiple assets are involved
• Pensions form part of the overall financial picture
• One person is financially dependent on the other
• Communication between the parties has become difficult
• There is uncertainty about what is fair

In these circumstances, taking advice early can prevent issues from developing later.

A more straightforward way to look at it

You do not need a solicitor to submit a divorce application.

You do need to understand the consequences of the decisions you are making alongside it.

That is where legal advice becomes important.

Getting advice does not mean things will become confrontational. In many situations, it helps keep discussions grounded and reduces the risk of problems later on.

Taking the next step

Divorce is not just about ending a marriage. It is about putting arrangements in place for what comes next.

You can go through the process without a solicitor. Many people do. But there is a reason most seek advice at some stage, particularly when finances or long term arrangements are involved.

Speaking to a solicitor early gives you a clearer view of your position before decisions are finalised.

At Harry Suleman Solicitors, the focus is on clear, practical advice that helps you understand where you stand and what to consider next.

If you are thinking about divorce, speak to Harry for straightforward advice tailored to your situation, or visit our Divorce & Family page for more information.