In short, no, you do not need a solicitor to get divorced. There is, currently, no legal requirement for people to instruct a solicitor to deal with their divorce. Many people opt to act as a ‘litigant in person’ and represent themselves within divorce proceedings, in order to save money that would be otherwise spent on legal fees. However, it is advisable to get legal advice in relation to the divorce suit, financial settlement, and other issues such as child arrangements before you start your application for divorce. It must be considered whether acting as a litigant in person, and effectively representing yourself in any future court proceedings, may prove cost-effective in the long-term.
Just because you can represent yourself within a divorce suit or financial remedy proceedings, doe does not mean that it is always a good idea. Issues around divorce are complex, especially when considering the issues of financial settlement and the potential litigation that might be needed to deal with matrimonial assets. Even if the divorce process may seem fairly straightforward, there are numerous trapdoors that need to be highlighted, and navigated, and without the assistance of a solicitor you may find yourself falling straight into one.
It is not possible to list all of the potential pitfalls with being a litigant in person, with potentially the most pitfalls being in relation to the financial element of the divorce. Without proper legal advice, and representation, many people will simply not understand what should happen to assets such the family home, or how assets such as a pension be shared. Furthermore, the division of more complex assets such as stocks, shares, and cryptocurrency, is often very complex and therefore fairly robust legal advice is needed, taking into consideration both recent caselaw and statutes. There are also possible penalties for not meeting court appointed deadlines, or not following the correct process within litigation.
Not only are family law proceedings, including divorce, financial remedy, and child arrangements, complex but they are also extremely time-consuming and emotionally draining. Instructing a solicitor can not only help navigate the complex landscape of legal proceedings, but a solicitor will also be able to offer some level of protection from the stressors of possible litigation.
