Should You Instigate Divorce Without A Solicitor?

The stereotypical view of divorce is of long-drawn out arguments between the two parties with an agreement only reached with the help of solicitors. This isn’t always the case; some separations can be steered to an amicable conclusion without needing outside help when the parties agree, are on friendly terms and have few assets to divide.

However, starting the process of divorce without a solicitor can be a nerve-wracking experience. Many couples are unsure where or how to instigate proceedings. If you’re in this position, your first steps should be to:

• Obtain a “Petition” from your local County Court
• Also obtain a “Statement of Arrangements Form” if you have children from the marriage

Both of these forms will come with instructions on how to complete them, and free advice will be available from the court if you become stuck. Providing that you have reached a mutual agreement with your spouse, the separation should be quite straightforward.

However, a few reasons why divorce advice from a solicitor might be useful are that they can:

• Determine if your agreements will be considered fair by a judge
• Make sure your agreements are legally binding
• Clarify ambiguities in agreements so both parties know what the outcome will be
• Help mediate discussions on how to divide financial assets and responsibilities towards children

If you are considering divorce, are unsure what action to take and would like more information on our services, please read our Divorce Law section or contact our Family Law Team for a free half hour case assessment.