Divorce is never an easy decision, but once the emotional step is taken, practical considerations come to the forefront. One critical choice is deciding whether to instruct a solicitor to act on your behalf or to deal with the divorce yourself. Divorce can be a costly process and preserving finances is often the main consideration for all involved.
Deciding whether to instruct a solicitor ultimately depends on the preferences of the individual and the parties’ financial resources. There are various pros and cons of each option which are explained further below.
DIY divorce
Pros:
- Cost-effective – by doing the divorce yourself, you are likely to save on legal fees by not instructing a solicitor to correspond with the other party.
- Speed – a DIY divorce can also be quicker, as you will be cutting out the middleman.
- Control – similarly, handling the process yourself allows you to stay fully in control of the paperwork and decisions.
- Privacy – less involvement from third parties.
Cons:
- Complexity – divorce and finances are complicated especially if there’s complex asset structures involved.
- Lack of expertise – by doing the divorce yourself, you will lose the knowledge and expertise that a solicitor offers.
- Risk of an unfair outcome – similarly to the above, without professional guidance and expertise, there is the risk that you may accept terms which might not be in your best interests.
- Emotional burden – divorce can be a very emotional process for a lot of people and by doing it yourself, you create additional stress, which can be avoided by instructing a solicitor. In addition, some people find it reassuring to have a solicitor to lean on and guide them through the process.
- You may not be able to file a financial order with the court if your financial agreement is not presented in the correct format. It is essential that a financial order is made whenever parties divorce to ensure that financial claims have been dealt with and dismissed, giving financial certainty.
Legal representation
Pros:
- Expert guidance – as mentioned above, a solicitor will be able to guide you through the process and inform you of the next steps.
- Tailored solutions – a solicitor will be able to advise you on the best options available to you based on your personal circumstances.
- Reduced stress – the solicitor will take control meaning that any additional stress will be alleviated from the process allowing you to focus on your personal life.
- Compliance and accuracy – a solicitor will have invaluable experience which will mean that they will know how to complete the relevant forms and what the court requires. A solicitor will prepare a financial consent order in the correct format to ensure it will be acceptable to a court. A financial consent order provides certainty for both parties moving forward in respect of their financial agreement.
Cons:
- Cost – one downside to instructing a solicitor is the cost that comes with this.
- Less direct control – there will be less direct control as the solicitor will be dealing with the divorce on your behalf. However, a good solicitor should keep you informed at every step of the process and will keep you up to date with any correspondence from the other party.
Depending on the complexity involved and the willingness of both parties to engage, in some cases a middle-ground option like mediation can be an alternative solution, blending affordability with professional guidance. It is also recommended to instruct a solicitor who you can come to for advice alongside the mediation process as a mediator is unable to provide legal advice. In some cases, solicitors can also attend mediation with you, providing advice and support in real time. To read more about what mediation entails, please click here.
Whilst a DIY divorce may sound more appealing at the outset due to its cost-effectiveness and speed, it carries risks that could impact long-term outcomes. It is crucial to ensure that after a divorce, your future needs are met and that the financial ties between you and your ex-spouse are severed. Andrew Barton, partner in the Family team explains more in his previous article here. As such, although legal representation is more expensive, it provides greater security for your future and peace of mind during an emotionally charged process.