Do I Need a Solicitor for a Divorce?

Divorce is life‑changing—and the legal steps in the divorce process can feel overwhelming. It’s a life-altering event, and the process is an emotionally challenging experience. Divorce can be complicated and often heartbreaking for all involved.

You can apply for a divorce yourself in England & Wales, but the application alone only ends the marriage; it does not sort out finances, pensions, property or child arrangements. A specialist divorce solicitor protects your position, avoids costly errors, and helps you reach a fair, binding outcome.

Do you need a solicitor?

Legally, no. You can apply online yourself (sole or joint application). Practically, often yes. A divorce application will only end the marriage and not resolve financial matters or arrangements for any children between you and your ex-partner.

If there are children, property, pensions, a business, or any disagreement, legal advice is strongly recommended—especially to secure a financial consent order so agreements are legally binding and enforceable. This may not be straightforward, especially if there has been conflict during the process.

You can discuss your situation with our expert family law team with a free consultation who will give you honest, straightforward advice on potential outcomes, costs and if a solicitor is needed based on your circumstances.

How divorce works in England and Wales

Since 6 April 2022, England & Wales uses a no‑fault divorce framework. You no longer need to give reasons or assign blame, and you may apply jointly as a couple.

The divorce process has also changed:

1. Filing a divorce petition.

2. Serving the petition to your spouse.

3. Responding to the petition.

4. Resolving financial and child-related matters.

5. Obtaining a decree nisi, which is a provisional decree of divorce.

6. Applying for a decree absolute, which finalises the divorce.

Each stage comes with its own set of legal requirements and paperwork, which can be daunting for someone without legal expertise.

What a divorce solicitor does (and why it matters)

Protect your finances

A critical aspect of divorce is reaching a divorce financial settlement and, if needed, making child custody arrangements. Solicitors are skilled negotiators who can work on your behalf to secure a fair and reasonable outcome.

A divorce solicitor will identify and value all assets in the marriage (home, savings, investments, pensions, business interests) and negotiate a fair split. They will also draft and submit a Consent Order so your agreement is legally binding and prevents future claims.

Safeguard arrangements for children

Advise on parental responsibility, child custody and arrangements orders, and workable parenting plans; represent you if court steps are needed.

Keep the process on track

Handle the paperwork and deadlines through to conditional and final orders, minimising delays and errors.

Reduce conflict

No‑fault rules remove most opportunities to “defend” a divorce and encourage constructive focus on children and finances—your solicitor keeps discussions practical and future‑focused.

A divorce solicitor will also explore all Alternative Dispute Resolution (ADR) options to try and ensure a ‘good’ or amicable divorce.

Should your divorce proceed to court, a solicitor can represent you and advocate for your interests, presenting your case in the most persuasive manner possible.

Find out more in our amicable divorce guide.

Divorce advice and guidance

Divorce solicitors will offer expert advice on what you should do during a divorce. They can explain the legal consequences of the choices you make. They can also clarify complex legal jargon and ensure you are fully informed at every step.

Handle paperwork and procedures

The amount of paperwork involved in a divorce can be overwhelming. A solicitor can handle all the paperwork to make sure it’s filled out correctly and sent in promptly, preventing any delays.

When you should instruct a Solicitor

– When you have property, pensions, or a business to divide.

– You have high‑value or complex assets (trusts, international elements).

– There are disagreements about money or children.

– Allegations of domestic abuse or safeguarding concerns.

– There is unequal bargaining power or risk of hidden assets.

– You want a clean break order to end future claims.

– You are not familiar with the legal process.

DIY divorce vs instructing a solicitor

DIY / self‑represented divorce is suitable when the split is straightforward, you agree on everything, and there are no complex assets.

A divorce solicitor is essential for financial security and child arrangements in anything but the simplest cases. A divorce solicitor can ensure your rights are protected and that you receive a fair settlement and that the best arrangements for children are made.

Learn more on DIY divorce.

What does a “financial order” involve if you cannot agree?

If you and your ex can’t agree finances, the court can make a Financial Order. This is usually followed with hearings that typically include a First Appointment, FDR, and, if needed, a Final Hearing.

We’ll prepare your disclosure instruct experts where needed (e.g., property or pension valuations) and negotiate on your behalf, aiming to settle to save time and cost.

Learn more What is a Financial Order in Divorce?

What happens when the divorce process starts?

If your ex-partner files for divorce, the official papers will be issued by the court and sent to you. These must be reviewed and returned to confirm that you will not defend the divorce. However, if these forms are not filled in correctly, this is likely to considerably delay the process.

It is the role of a divorce solicitor is to make sure things go smoothly and quickly, without any problems.

How long does the divorce process take?

The length of time it takes to finalise a divorce depends on several factors, including the complexity of your case, how quickly you and your spouse can reach an agreement, and the efficiency of the court system.

On average, a straightforward divorce might take anywhere from 6 months to a year, but more complex cases can take longer.

Ask us about fixed‑fee options for straightforward divorces and transparent pricing for financial orders.

How a divorce solicitor can help with your divorce

A divorce solicitor can help with a range of potential issues that may arise, including:

– Dealing with child custody arrangements.

– Deciding where your children will go to school.

– How your children will be cared for day to day.

– Child maintenance arrangements.

– How your finances will be shared.

– How your assets will be shared, including deciding who will keep the family home.

– How a business you own or any investments you have in your own name will be impacted.

– Negotiating on your behalf and assisting to resolve these types of issues, including any necessary court applications to obtain a financial order.

Even if all these matters are agreed upon, realistically a divorce solicitor is still needed to prepare and file any Financial Orders for the court’s approval. It is also important to remember that if you don’t instruct a solicitor, but your partner does, you will be negotiating against a trained professional.

Finding the right solicitor

If you decide to hire a divorce solicitor, it’s important to find one who is a good fit for your needs. Look for a solicitor who specialises in family law, has experience with cases like yours, and who you feel comfortable working with. Personal recommendations, reviews, and free initial consultations can help you make your choice.

Cost of a Divorce Solicitor

The cost of divorce in the UK can vary depending on your circumstances. Our fixed fees start at £330 + disbursements if you are a respondent to the divorce proceedings.

Find out more on How Much Does Divorce Cost?

Divorce solicitors at Howells

– One of the region’s largest family law teams, with Resolution and Law Society accredited specialists.

– Practical, empathetic approach to reduce conflict and focus on outcomes that work in real life.

– Free 30‑minute consultation for new clients to understand your options and likely next steps.

– Local, accessible support across Sheffield, Barnsley & Rotherham.

Our family law solicitors specialising in a range of areas, including divorce, divorce financial settlements, child custody and separation agreements. And the team offer a free 30-minute consultation for new clients to discuss your individual situation.

Thinking about a DIY divorce? Avoid costly mistakes and protect your future. Request a call back below or call us on 0114 2235 807 to book your free consultation today.