What a family solicitor can help with
- Divorce and civil partnership dissolution, including the online application and each stage of the process.
- Financial settlements: dividing the home, savings, pensions and businesses, and making the agreement legally binding with a consent order.
- Child arrangements: where children live and how much time they spend with each parent.
- Pre-nuptial and cohabitation agreements to set out what happens to money and property if you separate.
- Protection from domestic abuse, including non-molestation and occupation orders.
How divorce works in England and Wales
Since April 2022 divorce has been "no-fault": you no longer need to blame your spouse. Either of you, or both together, can apply online. There is a minimum 20-week period before you can apply for the conditional order, and then at least six weeks and one day before the final order. The divorce itself does not settle your finances. You need a separate financial order for that, and a solicitor can make sure nothing is missed, particularly pensions.
Paying for a family solicitor
Most family solicitors charge by the hour, but many offer fixed fees for set pieces of work such as a consent order or an initial consultation. Legal aid for family cases is limited. It is generally available only if you have evidence of domestic abuse or child abuse, and you also pass a means test. Mediation (including the first meeting, called a MIAM) can be covered by legal aid if you qualify.
Questions to ask a family & divorce solicitor
- How often do your cases settle, and how often do they end up in front of a judge?
- Will you push for mediation, or do you think my case needs to go to court?
- How do you deal with pensions or retirement accounts when dividing assets?
- If there are children involved, what usually happens with interim arrangements while the case is ongoing?
Frequently asked questions
Do I need a solicitor to get divorced?
No. You can apply for a divorce online yourself. However, many people use a solicitor to deal with the financial settlement, because a mistake there can be expensive and hard to undo later.
How long does a divorce take?
The legal process takes at least 26 weeks from application to final order because of the built-in waiting periods. Agreeing finances can take longer, especially if you need to go to court.
Do I have to go to mediation?
Before applying to court about children or finances, you usually have to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, such as domestic abuse.