Many people assume they need to instruct a solicitor immediately when they decide to divorce. But the reality is this:
You do not have to pay a lawyer to complete the divorce process.
In England and Wales, you can apply for your divorce online quickly and easily. However, there are situations where having a lawyer guide you through the procedure is sensible, and there is one crucial warning you must read before you complete it. Let’s explore how the process works.
The Online Divorce Processers
The divorce process is now entirely digital. Through the online government portal here, you can:
- start your application
- upload documents
- pay the court fee
- and receive updates
You can apply either:
- by yourself, or
- jointly with your spouse.
Once the application is issued (a legal term for ‘sent out’), the process will slightly vary depending on whether you apply jointly or as a sole application but essentially the court will:
- notify your spouse
- send out a copy of the application stamped by HM Courts and Tribunals Service (HMCTS)
- inform you of the date that the mandatory 20 week waiting period ends
- and then allow you to progress to the Conditional Order and, later, the Final Order.
You do not need legal representation to do any of this.
When You Might Prefer a Lawyer to Assist
Some people still prefer a lawyer to handle the divorce paperwork for them.
Why?
Because having a lawyer can help where:
- you or your spouse dispute the divorce
- there are language barriers
- you are not confident with technology
- you dislike using online systems
- you are simply too busy to deal with the administrative steps
In those circumstances, outsourcing the practical elements can remove stress and give peace of mind.
The Critical Warning: Get Advice Before You Finalise the Divorce
This part is incredibly important.
Even if you do not use a lawyer to complete the online process, you must seek legal advice before you apply for the Final Order.
Why?
Because finalising the divorce can affect:
- your financial claims
- pension rights
- inheritance rights
- and the ability to make certain applications later
Once the Final Order is granted, you are legally divorced and certain protections arising from being married fall away.
⚠️Do not finalise your divorce until you understand the financial impact. This cannot be overstated.
Top Tip
During the online divorce application, you will be asked whether you intend to apply to the court for a financial order for yourself, and for any children. Tick ‘yes’ (unless you do not have children).
This does not mean you are making an application, it simply preserves your right to do so later.
Failing to tick this can weaken, or even prevent, future financial claims.
Divorce vs Financial Settlement
It is vital to understand the difference.
The divorce ends the legal marriage, but it does not resolve or deal with:
- financial matters
- property
- pensions
- savings
- income support
To obtain a binding financial agreement is a separate process which must be approved by the court for it to be legally binding.
This is where expert legal advice becomes very important.
Final Thoughts
Unless you want to, you generally do not need to spend money on legal fees to get a divorce.
The online process is straightforward and accessible, but the decision to finalise your divorce has serious financial consequences, and you must take legal advice before completing it to understand the impact on your future.
If you want reassurance, guidance or support before progressing your divorce or resolving finances, get in touch – early advice can protect your financial stability long term.