There is no requirement to instruct a solicitor when divorcing, however, there are some important factors to consider before making a decision not to instruct a solicitor: 

1. If you do decide to complete the divorce application yourself, it is important that it is completed correctly as errors in a divorce application will cause delay and could increase costs down the line. A solicitor will be able to go through the divorce application to make sure it is accurate, and/or draft it on your behalf, before submission. 

    

2. A decision will need to be made prior to the divorce application being completed as to whether the application will be submitted as a joint application with your wife or husband or as a single application. A solicitor will advise you of the differences in these applications and which would be appropriate in your circumstances. 

    

3. If you do decide to proceed with a joint application, your wife/husband will be required to engage in the process. If they do not, a solicitor will be able to advise on what this means for the process and the next steps you should take to move matters forward. 

    

4. There are now two online portals to manage the divorce application process – one for individuals who are submitting the application themselves without legal representation (“litigant in person”) and one for solicitors. If you change your mind during the application process and decide to instruct a solicitor, having started the application using the litigant in-person portal, this is likely to complicate matters as the solicitor will need to take over the application and deal with the application on paper rather than using the portal.  This will slow matters down considerably, which may be stressful. It is therefore advisable to think about whether you want legal representation right at the beginning of the process and before an application is submitted. A solicitor will be able to discuss this further with you. 

    

5. It is important that the correct box is ticked on the application regarding financial claims. If this box is not ticked and you want to proceed with a financial Order (see below) matters can become complicated and expensive. A solicitor will be able to advise further on this to ensure that you are not caught out and your short and long-term financial position is protected. 

    

6. A litigant in person may not be aware of the financial risks associated with divorcing without there being a financial Order sealed (approved and made legally binding) by the court. If your marriage is dissolved without there being a financial Order sealed by the court, your financial claims against your wife/husband will remain open. This will leave you in a vulnerable position as your wife/husband could bring a financial claim against you in the future, and you could bring a financial claim against them.  This is also the case even if you think that there are no financial matters to be dealt with following the breakdown of your marriage – either of you could come into money in the future and claims can then be pursued. By dissolving your marriage prior to financial claims being resolved by the court, you are also at risk in relation to pension assets if your wife/husband were to die prior to the finances being resolved.  A solicitor will be able to explain these risks in detail and advise you further in relation to the resolution of the financial aspects associated with the breakdown of your marriage, including what a ‘fair’ financial settlement would be.

    

7. Couples may not be aware that an agreement reached between them is not legally binding unless it has been sealed by the court as a financial Order.  If there are pension assets to be divided as part of an agreement, the pension-sharing administrators will not accept a written agreement that has not been approved and sealed by the court. The sealed Order; the pension-sharing annex (the document setting out the details of the pension and the division of the share); and the Final Order dissolving the marriage will need to be sent to the pension administrators for a pension-sharing Order to be implemented. A solicitor will be able to draft the financial Order and pension sharing annex, send the documents to the court and ensure that the pension administrators have been sent the correct paperwork so that the pension can be implemented. 

The list above is not an exhaustive list of the factors that can become complicated in divorce proceedings, but it acts as an indication of some of the issues that should be considered when deciding whether to instruct a solicitor in divorce proceedings. All of the solicitors at Prettys are highly experienced in matters relating to divorce and finances and would be happy to have an initial no-obligation telephone call to discuss your matter further.