Do I Still Need A Solicitor For A Divorce?
With the introduction of the no fault model on 6 April 2022, many separating couples in the UK celebrated the move away from assigning blame for the breakdown of their relationship.
However, this change raises the question: Do you need a solicitor to get divorced now?
In this article, we will explore the great benefits that the introduction of no-fault divorces has had, but we will also identify some key areas that exist as part of the divorce process that could benefit from legal advice.
Are Solicitors Still Needed With No-Fault Divorces?
Between April and June 2022, the number of divorce applications increased by 22% compared to the same quarter in April 2021—the highest level seen in a decade.
Some couples had been waiting for the new system to be in place so they could divorce without blame.
And there are many benefits to the No-Fault Divorce system, including the following.
- Reduced Conflict and Stress
No-fault divorce eliminates the need to assign blame for the marriage breakdown, fostering a less adversarial environment. This reduction in conflict benefits both parties, promoting a more amicable separation and reducing emotional stress. - Faster and Simpler Process
The divorce process becomes quicker and more efficient by removing the necessity to prove fault. Couples can avoid lengthy court battles, resulting in a faster resolution and less financial strain. - Greater Privacy
No-fault divorce minimises the need to expose private matters in court, preserving the dignity and privacy of both parties. This approach avoids the public airing of personal grievances.
Great, we hear you say, no problem there.
Well, not quite.
Whilst many press outlets heralded this as a simpler system, there is a worry that those who have not had the benefit of legal advice may have yet to truly appreciate the complexities involved in divorce and related financial matters.
Do You Still Need A Solicitor For A Divorce?
Even with the introduction of no-fault divorces in the UK, there are numerous compelling reasons to seek legal advice from experienced lawyers.
Here’s a detailed look at why legal support remains essential.
Navigating Complex Financial Matters
The court statistics show that between April and June 2022, the number of applications for financial relief on divorce dropped by 31% against the same period in 2021.
This statistic is all the more concerning when considered against the 22% rise in the number of divorce applications.
More divorce applications, but fewer applications as to financial matters arising from the divorce.
At first glance, one might assume that this means more separating couples have been able to agree on how their assets should be shared.
However, this figure does include orders submitted to the court confirming agreements that the parties have been able to reach between themselves.
Therefore, it would seem that there are more divorces, but fewer orders formalising financial arrangements for divorce. This could mean that some divorcing parties are not securing the vital financial protection and entitlements the law could afford them, and their families.
There are many financial matters to consider when getting divorced, and seeking legal advice could be hugely beneficial in the long run.
Drafting and Approving Financial Orders
Even if you and your spouse agree on how to divide your assets, it is crucial to have this agreement recorded and approved by the court in a financial order.
Without a formal financial order, informal agreements are not legally binding, leaving you vulnerable to future claims.
A solicitor will ensure that the financial order is properly drafted, legally binding, and accurately reflects the agreement between the parties.
Protecting Against Future Financial Claims
Without a court-approved financial order, there is no statute of limitations on an ex-spouse making a financial claim against you. This means that years after the divorce, your ex-spouse could potentially make a claim on your assets. Legal advice ensures that all financial claims are formally dismissed, protecting your financial future and providing peace of mind.
Long-Term Financial Planning
Divorce can significantly impact your long-term financial planning, including retirement plans and future financial security. A lawyer can provide advice on how to protect your financial future, helping you make informed decisions that will benefit you in the long run.
Addressing Children’s Issues
In addition to financial matters, children’s issues are among the most sensitive and critical in a divorce.
Legal advice is essential to ensure that these arrangements are fair and in the best interests of your children.
A Resolution trained lawyer can help you negotiate and formalise agreements in the following areas.
Ensuring the Best Interests of the Child
The child’s best interests are paramount.
Legal advice helps you understand the court’s considerations and how to present a case focused on your child’s needs.
Considering the Best Outcomes for Your Family
The law enables various, creative and prescriptive forms of living with and contact orders to be agreed, thereby ensuring the co-ordinated stability ad well-being of the children in a separating family.
A lawyer can help determine the best arrangement for your situation.
Drafting Parenting Plans
Parenting plans outline living with and contact arrangements schedules; holiday arrangements, and decision-making responsibilities. Lawyers can draft detailed, workable and sustainable plans tailored to your family’s needs.
Resolving Disputes
Lawyers can help mediate living with and contact arrangements, focusing on the child’s best interests and negotiating fair outcomes. They can provide expert advocacy in court also, where required and this process of instruction is often easier and more economical when the lawyer has been instructed from the start of the case, prior to the proceedings.
Updating and Varying Agreements and Orders
Changes in circumstances may require updating and varying agreements and orders.
Lawyers help navigate this process to enable new realities to be reflected.
Summary: Do You Need A Lawyer To Get Divorced?
To conclude, the risk is that by creating a simpler divorce system, many who would previously have obtained legal advice will be left with the incorrect impression that they no longer need to seek such advice and can complete the divorce themselves.
The “divorce” is the legal procedure of no longer being married, but that procedure brings with it many related claims and entitlements and this can be a very situation specific, so most definitely not about guess-work, and “hoping for the best”-!
Without proper legal advice based on the individual circumstances of the situation, there is a risk that many are short-changing themselves in terms of financial settlements and that they are leaving themselves vulnerable.
Please do contact us to find out more about Bennett Griffin’s divorce services, and as to how our expert, Resolution trained lawyers can connect you with other supportive professionals, such as Pension Experts, Financial Advisors and Family Consultants, subject to your needs and requirements.
Within Bennett Griffin, we have superb, welcoming Wills, LPAs and Property teams, who can form part of your wider divorce journey.
If you would like to discuss your situation and what steps you should take or consider, please feel free to contact Sarah or Jackie on 01903 229999 or 01243 256370.
This blog was first published in November 2022.