Divorce without a solicitor

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to explain how this works.

The short answer is no, you do not need a solicitor just to get divorced. You can absolutely handle the divorce application yourself online, and many people choose to do this.

The current legal position:

In April 2022, the law in England and Wales changed to introduce no-fault divorce. This made the process much simpler and less confrontational. You no longer have to blame your spouse for things like adultery or unreasonable behaviour, and you do not have to worry about proving you have been separated for years. All you need to do is confirm that the marriage has broken down irretrievably.

Because the process is now essentially a paperwork exercise without the need to prove a fault, it is very straightforward to do online through the official government website. You can apply on your own as a sole applicant, or you and your spouse can make a joint application together.

The difference between the divorce and your finances:

This is the most important thing to keep in mind. The online divorce application only legally ends your marriage. It does not automatically sort out what happens to your shared house, savings, pensions, or debts.

Even if you and your ex-partner agree amicably on how to split your assets, that private agreement is not legally binding just because your divorce has gone through. To completely cut financial ties and protect yourself from your ex-partner making a claim against your money years down the line, you need a formal document called a consent order. A judge has to approve this order.

Because making sure pensions and property are split fairly and legally is complex, many people choose to do the divorce paperwork themselves online to save money, but hire a solicitor solely to draft their financial consent order.

Practical next steps if you want to apply yourself:

1. Check you are eligible. You must have been married for at least one year before you can apply.

2. Track down your marriage certificate. You will need the original certificate or an official certified copy to upload a photo or scan of it to the portal.

3. Discuss the plan with your spouse, if it is safe and appropriate to do so. If you are on good terms, applying jointly can feel much more cooperative.

4. Go to the official gov.uk website and search for apply for a divorce. This will take you to the secure online portal where you can set up an account and start answering the questions.

5. Pay the court fee. There is a standard court fee to apply, which is currently 343 pounds. If you are on a low income or receive certain benefits, you may be eligible for help paying this fee, which you can apply for as part of the online process.

Please let me know if you would like me to break down how to handle the financial side or the child arrangements in more detail.