Five Reasons Why You Both Need a Divorce Solicitor

Posted on: 5 mins read
Last updated:
Lorraine Harvey

Partner, Family Law

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Sadly, divorce is on the rise—in 2021, there were 113,505 divorces in the UK, which is 9.6% higher than the previous year. According to the Office for National Statistics, this rise could have been down to the disruption in family courts activities during the pandemic, but there is still an obvious rise year on year. That rise covers an average of 42% of marriages getting a divorce, so knowing where you stand legally is important.

Many people believe that getting a divorce or separation means that you’ll end up in Court—but that’s not always the case. If you and your ex –partner both amicably agree that you want to divorce and agree on the reasoning behind your divorce—you probably won’t have to. In this case, a Fixed Fee Divorce is the best option to suit you.

There are many positive benefits from instructing an experienced Divorce Solicitor in helping you get a divorce, and in the grand scheme of things, it often saves money, time and stress. Our Divorce Solicitors are equipped to understand and appreciate the intricate details of getting a divorce—whilst taking away some of the tricky, emotional burdens that you are currently enduring. All of this helps make the divorce process as amicable as can be.


Do both partners need a Divorce Solicitor?

In short—no. You’re not legally “required” to instruct a Divorce Solicitor, even if your ex-partner has done so on their behalf. We do advise for you to seek legal advice and have your own representation throughout all the divorce and financial proceedings though, as they will always look at what is best for you.

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Five Reasons Why You Both Need a Divorce Solicitor

1.      It will save you time 

The Court will return all forms and applications which are completed incorrectly, which can be very annoying if you have already been waiting weeks for a response. As well as this, the Court is won’t usually progress a divorce without receiving the relevant information in the correct manner—so having a solicitor to help you is helpful for a seamless, and error-free process.

It can be daunting to complete complicated forms such as the Financial Disclosure form (Form E) or divorce petition without expert legal help. You may feel overwhelmed and as a result, ignore Court directions or correspondence.

Even if you have a Divorce Solicitor, they can’t help your former partner to complete any documents. As a result, divorce proceedings could be delayed because they are not sure that they have to do if they don’t have representation. If both of you instruct a Divorce Solicitor, you’ll both make sure you are moving the case forward and complying with any Court Orders.

All in all, this will make your process smoother, and closer to the 6-month mark.

2.      You Could Avoid Court

Attending Court to let a Judge decide over the financial settlement in a divorce is more often than not an emotionally and financially stressful process. It is in both of your interests to reach an agreement about the divorce and financial arrangements without having to go to Court.

If only one of you is represented by a Solicitor, it is less likely that you will agree out of Court, because one of you is not being guided. A Divorce Solicitor can provide legal advice, along with an objective approach about how to move forward and what the Court might consider fair. This can prevent further arguments and give you a realistic idea of the outcome. In addition, your Divorce Solicitor can give you advice on how to make sure your objectives are met.

3.      To Make Sure Your Best Interests are Considered

Every Divorce Solicitor is looking for the best outcome for their client, which is you. If you don’t have a Solicitor but your former partner does, the proposals laid out won’t necessarily be in your best interests. Instructing your own Divorce Solicitor will allow you to protect your interests as your Solicitor can review any proposals you receive and talk you through the implications for you and your family.

Your Divorce Solicitor will also act as a ‘buffer’, as they will be the first person to receive any correspondence from the Court and your former partner. This can reduce your stress and means they can filter this information to you so that you clearly understand what is being said.

Instructing an experienced Divorce Solicitor may seem like an additional cost, but they can often save you money in the long term. They are likely to negotiate a better deal for you in relation to your finances and being unrepresented may leave you at a disadvantage.

Getting the right legal advice is crucial. This will allow you to start your new life with peace of mind that you got the best deal for you. 

4.      Avoid a Stalemate

It can often be the case that a separating couple simply cannot see eye to eye. You can get stuck in the loop of arguing rather than resolving your financial ties sensibly. Instructing a Divorce Solicitor can break the deadlock, particularly if your former partner has emotionally shut down. Often, receipt of a legal letter is all it takes to get things moving after months of being ignored – as it will spur your ex-partner on to responding, or liaising appropriately.

5.      Find Hidden Information or Assets

You may hear about all the different ways that one person tries to reduce or defeat the other’s financial claim in separation or divorce.

While it’s natural to feel protective over your assets, it’s vital that you disclose all of your finances and assets in divorce, or you could face hefty fines or even imprisonment by the Court.

Your spouse may attempt to hide assets if they don’t want to share them with you. If they don’t fully disclose their financial assets, an unfair settlement offer may be made which does not fully reflect all you are entitled to. A solicitor can study all documents from either party to establish if there is foul play.

Documents can include but are not limited to:

      • Bank statements
      • Pensions statements
      • P60s
      • Payslips
      • Business accounts
      • Anything else that could contribute to your matrimonial assets

Once you’ve exchanged financial documents, your Divorce Solicitor will review them for any unusual or irregular transactions or dealings. We have years of experience in helping divorcees with their finances, so we can quickly spot if something is not right.

Divorce Solicitors are experienced in tracing financial assets and considering ways assets may be hidden or moved. Instructing a Divorce Solicitor makes sure that you have an expert fighting in your corner and raising potentially suspicious actions which you may not notice.

Contact Us 

At Simpson Millar, our Divorce Solicitors have extensive experience dealing with challenging and difficult relationship breakdowns. We work hard to resolve disputes efficiently and amicably. We understand that going through a divorce can be emotionally demanding and more often than not that emotions can get in the way of making rational choices.

Speak to one of our expert Divorce Solicitors on 0808 239 3465 to find out more about how we can help you and your case.


Evening Standard. (n.d.). Divorce rate in London revealed: How does your borough compare?

Simpson Millar Solicitors. (n.d.). Fixed Fee Divorce Solicitors.

Simpson Millar Solicitors. (n.d.). Finances in Divorce.

Simpson Millar Solicitors. (n.d.). Divorce.

Lorraine Harvey

Partner, Family Law

Areas of Expertise:
Family Law

Lorraine is a Partner at Simpson Millar, specialising in Family Law for over 20 years.

She handles middle to high net value cases, including pension claims and complex trust, and also advises on pre-nuptial and post-nuptial agreements.

Lorraine has unrivalled knowledge of public sector pensions, in particular police pensions, having advised police officers on pension claims for two decades.

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