Do I need a solicitor for a divorce?
No, you do not need a solicitor to get divorced. GOV.UK says you can apply online or by post, and it presents legal advice as optional help rather than a requirement. However, a divorce also involves money and children, so this page shows where the court process ends and where advice may help.
The short answer
You can apply for a divorce without a solicitor, because GOV.UK treats legal advice as help you can choose if you want it. It does not make advice a requirement. Therefore, the real question is not whether the law demands a solicitor, but how much support you want.
That choice may change as you go. For example, you might handle the application alone and still want advice on money. Later sections explain where the gaps tend to appear.
Applying for a divorce yourself
GOV.UK says you can apply for a divorce online or by post. Solicitors can also apply online using a MyHMCTS account, although you do not need one to apply for yourself. As a result, you can choose whichever route suits you.
Before you start, check that you can divorce. GOV.UK says you can get divorced in England or Wales if you have been married for over a year. Your relationship must also have permanently broken down, and your marriage must be legally recognised in the UK. If any of these points is unclear, note it down and ask someone who can advise you.
What you need to apply
Gathering the paperwork first makes the application smoother, since GOV.UK asks for specific items. You need the full names and addresses of you and your spouse. You also need your original marriage certificate or a certified copy.
However, a certificate in another language needs a certified translation. If either of you changed your name, GOV.UK also asks for proof of the change. While you collect these papers, check each name and address carefully, since the application relies on them.
The steps from start to finish
GOV.UK lists the divorce steps in this order:
- Get support and advice.
- Check you can divorce.
- Make arrangements for children, money and property.
- Apply for the divorce.
- Apply for a conditional order (decree nisi).
- Apply for a final order (decree absolute).
- Report the change if you receive benefits or your visa is based on your marriage.
Notice that arrangements for children, money and property come before the application itself. Therefore, it helps to start those conversations early. This page says nothing about timings, because the facts here do not give any.
The application fee
GOV.UK says the fee to apply for a divorce is £628. However, you do not get it back once you receive the notice that your application has been issued. Therefore, check your details carefully before you pay, and make sure you meet the conditions for applying.
Where the court process ends
The divorce application is separate from the arrangements for your money and your children. While one ends your marriage, the other decides how you separate your lives. As a result, you can finish the application and still have financial matters to settle.
GOV.UK says you and your ex-partner need to agree how to separate your finances, covering pensions, property, savings and investments. If you agree, you can usually avoid court hearings. However, you need to apply for a consent order to make that agreement legally binding.
If you cannot agree on everything, you can ask a court to make a financial order. GOV.UK says you may get a share of your partner’s pension, including the State Pension or a private pension. For arrangements about children, ask for advice, because the facts here do not cover them. Our family law page gives wider background.
Mediation and legal aid
The Law Society lists a family mediation accreditation for mediators who can help with divorce, parenting arrangements and finances without going to court. Therefore, mediation may suit you if you want to reach agreement without a hearing.
Legal aid might help some people. GOV.UK says it might cover domestic abuse or forced marriage, a child at risk of being taken into care, and family mediation. It might also cover advice on finances, children or divorce if you have been in an abusive relationship. Since legal aid depends on your situation, check the GOV.UK rules before you assume it applies to you.
When advice is worth having
Although you can apply alone, advice may help in some places. For example, you may want a second opinion on an agreement about pensions or property before you make it binding. Likewise, if you and your ex-partner disagree, advice can help you understand your options before a court is involved.
You also have the right to speak for yourself in court without a solicitor or other legal professional, according to GOV.UK. If you are weighing that up, our guide to representing yourself in court explains more. For costs, see our guide to an uncontested divorce cost.
Before you pick anyone, check who they are. The check-a-solicitor page shows you how.