Do you need a solicitor to get divorced?
Short answer
No — the online HMCTS portal is designed for people applying without a lawyer, and many straightforward divorces complete without representation. But a solicitor is strongly recommended for the financial settlement: without a court-approved order, a private agreement is not enforceable and your ex-spouse can make claims years later.
For the divorce itself, no. Since the Divorce, Dissolution and Separation Act 2020 came into force in April 2022, the only ground is irretrievable breakdown — no blame, no allegations of adultery or unreasonable behaviour. You apply online through the HMCTS divorce portal, alone or jointly with your spouse, and the court fee is £628. A respondent cannot defend the divorce by arguing the marriage has not broken down; only procedural objections (such as disputing service or jurisdiction) are possible. There is a mandatory 20-week reflection period between the conditional order and applying for the final order, so even a smooth divorce takes around six months.
Where legal advice really matters
The divorce order only ends the marriage. It does not deal with money, property, pensions, or child arrangements — and this is where going entirely DIY can be expensive:
- A private agreement is not binding. However amicable your deal, it is not legally enforceable until it is turned into a consent order approved by the court. Without a financial order, either of you can bring financial claims against the other years after the divorce.
- Pensions are easy to miss. They are matrimonial assets, must be disclosed, and are often the largest asset after the home. Options include pension sharing, attachment, and offsetting — getting this wrong is one of the most common DIY mistakes.
- Immigration status can be affected if your right to remain is based on a spouse or partner visa — take immigration advice before proceeding.
A sensible middle path is common: handle the divorce application yourself through the portal, and pay a solicitor for the part that carries lasting financial risk — advising on and drafting the financial consent order. Many firms offer fixed fees for exactly this. If money is tight, mediation can help you reach the agreement, with a solicitor then converting it into an order the court will approve.
Related guides
Financial Settlement on Divorce
Sorting out finances is often the most complex and contentious part of a divorce. The family court can make a wide range of financial remedy orders — covering property, pensions, savings, and maintenance — based on the needs of both parties, their contributions, and the length of the marriage.
6 min
Consent Orders After Divorce
If you have reached a financial agreement with your former spouse after divorce, you should convert that agreement into a court-approved consent order. Without a court order, your financial claims remain open indefinitely — a former spouse could make a claim against you years or even decades later. A consent order provides legal finality.
6 min
Financial Remedies on Divorce: Step by Step
Once you have started divorce proceedings, sorting out the finances is a separate process under the Family Procedure Rules (Part 9). It can be done by negotiation, mediation, or by formal application to the court for "financial remedies". This guide walks through the formal court process — Form A, Form E, the First Appointment, the Financial Dispute Resolution hearing, and the final hearing — and explains how the process works whether or not you reach agreement.
9 min
More family questions
- At what age can a child choose which parent to live with?
- What happens to the family home in a divorce?
- Do unmarried couples get legal rights after living together for years?
- Can I get half my spouse’s pension when we divorce?
- Does a father who is not on the birth certificate have parental responsibility?
- How is child maintenance calculated?
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