We Want to Divorce Amicably. Do I Still Need a Lawyer?

An amicable divorce should always be the goal. It helps to minimise stress, reduce costs and, where children are involved, keep conflict to a minimum while maintaining constructive communication.

One of the best ways to achieve this is to seek early advice from a lawyer who is committed to a constructive and non-confrontational approach. You can decide how much involvement you want from your lawyer, whether that is ongoing support throughout the process or simply advice on specific issues as they arise.

Did You Know?

You and your spouse can now consult the same lawyer under a new model known as Resolution Together (sometimes referred to as "One Couple, One Lawyer"). This allows separating couples who are committed to reaching an agreement collaboratively to receive legal guidance from a single solicitor.

The Divorce Process

The process of legally ending a marriage can now be completed online without instructing a lawyer. However, many people choose to seek legal advice to ensure the application has been completed correctly and to avoid unnecessary delays.

Financial Matters

It is important to understand that a divorce does not automatically end the financial claims that spouses may have against one another.

You may be able to reach an agreement about finances without legal assistance, but any agreement should be incorporated into a Financial Consent Order if you want it to be legally binding.

The court will not simply rubber-stamp an agreement. The Consent Order must be drafted in the correct format and the overall effect of the agreement must be considered fair by the court. For this reason, obtaining legal advice when applying for a Financial Consent Order is highly advisable.

Arrangements for Children

Where parents are able to agree arrangements for their children, there is often no need for lawyer involvement. However, if both parents feel that a formal order setting out those arrangements would be beneficial, a lawyer can assist with an application to the court for a consent order.

What If We Cannot Agree?

If you are struggling to reach an agreement, mediation is well worth considering. Mediation can provide a constructive forum for discussions and often helps couples resolve issues without court proceedings.

However, mediation does not usually remove the need for legal advice. Once an agreement has been reached, a lawyer can help ensure that it is properly documented and legally effective.

As Head of Family Law at Battens Solicitors in Bath, I specialise in advising clients on the financial aspects of divorce and separation. If you would like tailored advice about your individual circumstances, please contact me at [email protected].

You can get in touch with the team by calling 0800 652 8373 or by emailing [email protected].