1.But I thought I needed a solicitor to get divorced?
The short answer is that you don’t NEED a solicitor to get divorced.
There may be circumstances in which you might want to use a solicitor to get divorced, but you don’t ‘need’ one. The majority of divorcing couples could get divorced without using a solicitor should they choose to. See: www.gov.uk/divorce/overview
Its your choice, as a couple, to use or not to use a solicitor.
Ask yourself: What do I want a solicitor to do? (If I instruct one)
Do you want a solicitor to:
Negotiate a settlement in respect of finances and childcare arrangements?Make an application to the court, to obtain a court order (where the judge will make a decision) in respect of finances or children?
If you don’t need any of the above, and can decide as a couple:
To get divorcedWhat to do about any finances and children;and that you do not want a third party making decisions for you (i.e. a judge)
Then you can obtain a divorce online.
2. How do I actually get divorced?
When people refer to ‘getting a divorce’ they are generally referring to the whole process of separating.
To get divorced you need to:
apply for a divorce using form D8apply for a decree nisiapply for a decree absolute
You do not need a solicitor to make these applications. All three are made by completing the respective forms, and sending them to your local court/Divorce Centre for them to be processed.
Once you have obtained the decree absolute you are officially divorced.
Arrangements about where each party lives, who gets what, what happens with the kids, and what to do with the wedding silver; are decisions that need to made during a divorce but are not actually part of the divorce application.
If you need to resolve these issues, because your spouse is being unreasonable or uncooperative, you would need to make separate applications to the court. They run alongside but are separate from the actual divorce application.
(For non-court based solutions re:finances & children, see 4. below)
Do we need to ‘go to court’ to get divorced ?
Very few divorces require a court ‘hearing’. The majority of divorces, including those involving solicitors, are dealt with without either party having to attend court.
3. What happens next? The divorce process
It is worth stating at the outset that all applications, including those made by solicitors, are dealt with on the courts/divorce centres schedule, and based on their workload at the time. As you can imagine these vary from court to court.
“There is no such thing as a ‘quick’ divorce”
Any company or solicitor promising a “quick divorce” is making promises based on a fact that they can not control, the courts schedule. It is the court/Divorce Centres schedule that determines the speed at which a divorce is granted.
On average, all going well, it takes 6 – 9 months to ‘get’ divorced, and receive the decree absolute.
4. Financial and Childcare Arrangements: Non – court based options
Mediation is where an independent and impartial third party discusses issues with you and your ex-spouse, to try and reach an agreement. The mediator does not act for any one individual and is there to assist in reaching an agreement. Mediation can be conducted separately when required.
Legal aid and limited free legal help are available for mediation if you meet the criteria.
You can start your divorce application before or whilst undertaking mediation, as the divorce process is separate to, but runs alongside the making of arrangements about finances, property and childcare.
For more info:
https://www.gov.uk/money-property-when-relationship-ends/overview
https://www.gov.uk/looking-after-children-divorce
