No, a solicitor is not necessarily needed when applying for a divorce. However, having legal representation in some circumstances can be beneficial particularly within cases involving domestic abuse, children and where significant assets from the matrimonial pot need to be divided.

 It must be noted that there are alternative routes if you and your spouse have been married for less than a year.

Applying for Divorce

To end a marriage either a ‘sole’ or ‘joint’ application can be made. A joint application means both you and your spouse apply together for the divorce. A sole application means only one party has applied for the divorce. Depending on the circumstances of the divorce getting legal advice may be a beneficial option. Particularly In circumstances where you are the respondent, and the application is something you want to dispute.

Having Legal Representation

Having a solicitor is beneficial in many ways throughout the divorce process. They have strong legal knowledge, can assist in completing paperwork and they can negotiate with the other party to achieve what you want out of the divorce. Solicitors are particularly beneficial where:

-          The divorcing parties can’t decide on the distribution of the matrimonial assets.

-          Where you and your spouse aren’t communicating or co-operating throughout the process.

-          Cases where children and parental rights need to be determined.

-          Cases involving violence or domestic abuse.

Not Having Legal Representation

In some cases, having a solicitor throughout the litigation process is expensive and can decrease the matrimonial pot. Therefore, where both you and your spouse are co-operating, you don’t share any children and there are no important matrimonial assets, having legal representation may not be necessary in achieving the desired outcome of the divorce. If both parties are willing to engage in discussion, then litigation will not be necessary. Mediation can be used to negotiate and conclude the divorce.

However, going through the legal process alone means the risks of making mistakes and causing problems which you may find difficult to overcome on your own. The assistance solicitors can provide, makes getting the best outcome for you more achievable. Meaning that in the long run, having legal representation can cost less and is therefore more beneficial.  

Contact Us

George Green’s Specialist family and Divorce lawyers give advice regularly on divorce and the financial aspects of divorce. Our lawyers have offices based in Wolverhampton and Cradley Heath and aid clients across the West Midlands. If you wish to enquire, please call 01384 410 410 or complete our online enquiry form and a member of our team will respond.