Getting a divorce from your spouse is a simple process. It doesn’t involve any complexion or any other party involvement. If you’re planning to divorce your spouse shortly, this expert guide is for you. So, do you need a solicitor to get divorced and separate from your spouse?
Simply put, you don’t need a solicitor to get divorced. However, the overall picture depends on the ongoing situations. If you and your spouse negotiated specific arrangements, you could file for a divorce. If not, you need a solicitor to come to an agreement and get divorced.
In legal terms, you should document your divorce to preserve all the records of agreements. It’ll help to keep you safe from post-divorce issues, including child custody and financial matters. In this article, we’ll cover everything in detail to provide you with the right solution.
Do You Need A Solicitor To Get Divorced? Quick Overview
You’ll have to consider many aspects when getting a divorce from your spouse. These include your relationship before or during marriage and the settlements you’ll have in the divorce. You can apply online for the divorce if you are willing and agree to your terms.
However, if your spouse disagrees with marital assets, you can ask for help from a solicitor. It’s essential as an expert solicitor, like KQ Solicitors, will give you the best advice. You’ll get enough assistance in the divorce process and enable you to protect your belongings.
As discussed earlier, you don’t need a solicitor in some scenarios. But in some cases, you’ll have to hire a solicitor to help you get a divorce. In the next section, we’ll discuss each scenario and clear up any misconceptions you may have. So, let’s go ahead!
Situations When You Don’t Need A Solicitor
There is only one case where you don’t need to hire a solicitor for divorce proceedings. That’s if you and your spouse are willing to discuss everything and come to an agreement. The possible explanations for why you don’t need a solicitor, or any legal advice are as under:
No Assets To Share
When none of the spouses have any assets to share, there is no need to consult a solicitor. Both parties can take their way and separate while keeping their little money earned for the rest of their life. It’s the quickest way to get divorced without a solicitor.
No Or Due Child
If you don’t have any children, you can get a divorce without the help of a solicitor. Why so? It’s because you won’t have to fight for child custody, and you both can separate. If the spouse is pregnant, you must go through a legal process and wait till the child’s birth.
Situations When You Need A Solicitor
Solicitor is a must-have component when you are getting divorced. You’ll always have to decide on your marital assets, such as property, pension, etc., and your child’s custody. You may need a solicitor to divorce your spouse on legal terms for the following reasons:
Can’t Decide On Assets
Mostly, spouses can’t decide on managing their financial assets and sharing them equally. In these cases, either spouse must talk to an expert solicitor like KQ Solicitors. They’ll help to equally divide the assets between the spouses to solve the issue quickly.
Child’s Custody Is Must
If the spouses can’t agree about their child’s custody, a solicitor can help them to decide on their terms. If either party consults a solicitor and discusses the case, they’ll work things out. In the case of pregnancy, as discussed earlier, you should wait till the child’s birth.
3 Ways To Get Divorced Without A Solicitor
Using a solicitor’s service is the easiest and quickest method to get divorced upon agreement with your ex-spouse. But other options also exist, including your local court. We’ll discuss the 3 most practical ways to get divorced without a solicitor.
Do-It-Yourself (DIY) Divorce
DIY is a quick and cheap method to divorce your partner. You can apply online if you agree to the divorce and have no financial issues. In DIY divorce, you don’t need a solicitor but only go through the legal process. You’ll have to reach an agreement on a financial settlement.
This divorce process takes around 6 months, depending on the time it takes to approve agreed documents. All you need to do is go to the website and fill out the forms yourself. As the court will process your divorce, you’ll have to pay the court fees in this simplified divorce.
Take Help From A Mediator
Mediation is another way to get a divorce without using the services of a solicitor. A mediator is a third-party neutral person to sort out all the issues between you and your ex-spouse. In this method, both parties should accept the mediator as the decision-maker for the resolution.
A mediator will find solutions beneficial for you and your ex-partner. You need a mediator when the spouses don’t agree on any particular matter. So, if it’s your finances or children’s custody, a mediator can help. Remember, you’ll still need to do the required legal work.
Consider Arbitration
Arbitration is the best method if you don’t want to get involved in court hearings. With arbitration, you can resolve issues and divorce your spouse without the services of a solicitor. Remember, it’s outside court, but you’re legally bound to the agreement.
Arbitration has several benefits for you and your spouse, including freedom, privacy, and speed. You can decide who can be your arbitrator and where to have your sessions during the process. Your entire divorce process is private and completed speedily in a short duration.
FAQs
Q: Do I need a solicitor to get divorced in the UK?
A: Yes, it is recommended that you seek professional legal advice before filing for divorce in the UK. A solicitor can provide you with the most up-to-date information on the divorce process and advise you on the best course of action.
Q: How much will hiring a solicitor for my divorce cost?
A: The cost of hiring a solicitor will vary depending on your individual circumstances and the complexity of your case. However, it is advisable to have a detailed breakdown of all costs from your chosen solicitor before signing any contracts.
Q: How long does the divorce process take in the UK?
A: The time it takes to complete a divorce depends on various factors, including whether both parties agree to the terms. Generally, the process can take anywhere from 6 months to a year.
Q: Are there any alternatives to using a solicitor?
A: There are other ways to get divorced in the UK. These include getting divorced online through an accredited provider or attending court as a litigant in person. However, seeking professional legal advice before deciding about your divorce is always advisable.
Q: Is there anything else I should consider when applying for a divorce in the UK?
A: You should have all the relevant documentation to support your application. This includes proof of marriage, evidence of financial arrangements and any other supporting documents. It is also important to remember that if you are not legally separated, you cannot apply for a divorce until this is done.
Marriage Duration Stats UK
Conclusion
So, do you need a solicitor to get divorced? To cut a long story short, you don’t need a solicitor to do so. But this is when you and your ex-partner agree upon all the arrangements. You’ll need a solicitor if you and your ex-spouse disagree with the underlying terms.
No matter how everything goes, you need a solicitor’s help to resolve all the issues. Getting the service of a solicitor makes it easier to work out your divorce process quickly. All your finances and shared assets are in documents, and there is no risk to your future.
