Can I Get Divorced Without a Solicitor in the UK?

Yes, you can usually apply for a divorce without a solicitor in England and Wales. The divorce application can be completed online or by post, and the no-fault divorce system means you do not normally need to prove that your spouse caused the marriage to end.

However, completing the divorce application does not automatically resolve your finances, property, pensions or arrangements for children. Legal advice may therefore remain important, even when the divorce itself appears straightforward.

Do I legally need a solicitor to get divorced?

There is no general requirement to instruct a solicitor before applying for divorce in England and Wales.

You can make either:

a joint application with your spouse; or
a sole application in your own name.

A sole application may be more appropriate where your spouse will not cooperate or where communication is difficult.

The application can be submitted through the government’s online divorce service or using a paper D8 form. The current court fee for filing a divorce application is £628, although help with court fees may be available to people receiving certain benefits or living on a low income.

How does a divorce without a solicitor work?

A straightforward divorce application normally follows these stages:

Check that you are eligible to divorce
You must generally have been married for at least one year and your marriage must be legally recognised in the UK.
Submit a sole or joint application
The application can be completed online or sent by post. You will need information including your marriage certificate and your spouse’s details.
Wait for the application to be issued
The court will formally issue the application and notify the other spouse where required.
Apply for the conditional order
You must normally wait at least 20 weeks from the date the application was issued before applying for a conditional order. The conditional order confirms that the court sees no legal reason why the divorce cannot proceed.
Apply for the final order
You must wait at least six weeks and one day after the conditional order before applying for the final order. The final order legally ends the marriage.

Because of these mandatory waiting periods, even an uncomplicated divorce will usually take at least seven months and may take longer if there are administrative delays or difficulties serving the application.

What does a DIY divorce not resolve?

A DIY divorce ends your legal marriage. It does not automatically determine how your financial assets and responsibilities will be divided.

The divorce application itself does not settle issues involving:

the family home;
savings and investments;
business interests;
personal debts;
mortgages;
pensions;
maintenance payments; or
future financial claims.

This distinction is one of the most important points to understand when considering divorce without a solicitor.

You and your former spouse may agree informally about your finances. However, an informal agreement is not automatically legally binding or enforceable.

Can my former spouse make a financial claim after divorce?

Potentially, yes. Receiving the final divorce order does not necessarily bring all financial claims between former spouses to an end.

Where appropriate, a financial order can record how assets, income, property and pensions will be dealt with. A properly drafted clean-break provision may also dismiss certain future financial claims.

Without an approved financial order, an informal agreement may be difficult to enforce if one person later changes their mind. GOV.UK guidance states that an agreed financial settlement must be turned into a consent order and approved by the court to become legally binding.

What is a consent order in divorce?

A consent order is a court-approved document that records the financial agreement reached by divorcing spouses.

A consent order may cover:

the sale or transfer of property;
the division of savings and investments;
pension sharing;
lump-sum payments;
spousal maintenance; and
the dismissal of future financial claims.

The court does not simply approve every agreement automatically. A judge reviews the proposed arrangements and can ask for changes if the agreement does not appear fair.

The current court fee for submitting an agreed financial order is £62. This is separate from any solicitor’s fee for advising on or drafting the order.

It is normally sensible to address financial arrangements after receiving the conditional order but before applying for the final order. GOV.UK warns that applying after the final order may create financial consequences, particularly in relation to pensions.

When might divorce without a solicitor be suitable?

Handling the divorce application yourself may be suitable where:

both spouses agree that the marriage should end;
communication remains constructive;
both spouses understand the application process;
there are no service or jurisdiction complications;
neither person is being pressured or controlled; and
separate advice is obtained where finances require it.

Even in an amicable divorce, each spouse should understand that ending the marriage and resolving the finances are different legal processes.

When should I speak to a divorce solicitor?

Legal advice should be considered where:

you own a home or investment property;
either spouse has a pension;
there are substantial savings, debts or investments;
one spouse owns a business;
assets may not have been fully disclosed;
there is disagreement about maintenance;
one spouse lives outside England and Wales;
there has been domestic abuse or financial control;
you are unsure whether an agreement is fair;
your spouse is refusing to respond; or
there are disagreements concerning children.

A solicitor does not necessarily have to manage every part of the divorce. Some people complete the online divorce application themselves and obtain limited advice specifically about their financial settlement.

Can one solicitor act for both spouses?

A solicitor will not normally provide separate legal advice to both spouses because each person may have different financial interests.

A solicitor may assist with the preparation of an agreed consent order, but each spouse should understand whether independent advice is needed before signing the agreement.

Mediation can also help couples discuss finances or arrangements for children. However, a mediator remains neutral and does not replace independent legal advice.

Is a DIY divorce always cheaper?

A DIY divorce may reduce professional fees for the administrative divorce application. However, it can become more expensive when financial matters are overlooked, paperwork is completed incorrectly or an unsuitable agreement later creates a dispute.

The £628 court application fee generally applies whether you submit the divorce yourself or through a solicitor. Professional legal fees are separate and depend on the work required.

The better question is therefore not only, “Can I get divorced without a solicitor?” It is also, “Do I understand the legal and financial consequences of proceeding without advice?”

What should I do before applying for the final order?

Before finalising your divorce, consider whether you have properly addressed:

property ownership and mortgage responsibilities;
pensions and pension-sharing requirements;
savings, investments and debts;
spousal maintenance;
insurance policies, wills and nominations;
tax consequences of transferring assets; and
whether a clean-break order is appropriate.

Obtaining the final order ends the marriage, but it does not automatically protect either person from future financial uncertainty.

Getting the right level of divorce support

You can get divorced without a solicitor in England and Wales, particularly when the application is straightforward and both spouses cooperate.

However, the online divorce process should not be confused with a complete legal and financial settlement. Where property, pensions, savings, businesses or future claims are involved, tailored legal advice can help ensure that the agreement is fair, enforceable and properly recorded.

Arlingsworth Solicitors can advise on divorce applications, financial settlements and consent orders, whether you need complete representation or focused advice on a particular part of the process.

Call 01273 696962 or email info@arlingsworth.com to discuss your circumstances.

This article provides general information about divorce law in England and Wales. It does not constitute legal advice. Divorce law and court fees may change, and advice should be obtained for individual circumstances.

Frequently Asked Questions

Can I complete the whole divorce online?

Yes. Most people in England and Wales can apply through the government’s online divorce service. You can make a sole or joint application, upload the required details and progress through the conditional-order and final-order stages online. Complications may arise if your spouse cannot be located, does not respond or lives abroad.

Can I divorce without my spouse agreeing?

Yes. Under the no-fault divorce system, one spouse can make a sole application even when the other spouse does not want the divorce. However, delays may occur if the application cannot be served properly or if the other spouse disputes the court’s jurisdiction rather than simply opposing the end of the marriage.

Do I need a solicitor for a consent order?

There is no general rule requiring a solicitor, but consent orders are technical legal documents. Poor drafting may fail to divide assets correctly or dismiss future claims. Because a financial order can affect property, pensions, maintenance and long-term financial rights, professional drafting and independent advice are generally sensible.

Does the final order prevent future financial claims?

Not automatically. The final order ends the marriage, but financial claims may remain unresolved. A court-approved financial order is generally needed to make an agreed settlement legally binding and, where appropriate, dismiss future claims through a clean-break arrangement.

Can we use the same solicitor if we agree?

One solicitor cannot normally provide independent advice to two clients whose interests may conflict. A solicitor may draft documents based on an agreed settlement, but one or both spouses may still be advised to obtain separate legal advice before signing.