The hidden costs of divorcing without a solicitor
At first glance, divorcing without a solicitor might feel like a practical way to ease financial and emotional strain during an already difficult time. You may hope it will keep costs down and help preserve trust between you and your ex-partner without the added stress of legal involvement.
These concerns are completely understandable. But in many cases, trying to manage the process alone can lead to exactly the difficulties you’re hoping to avoid.
Although you can apply for a divorce without legal help, the paperwork is often just one small piece in a much bigger puzzle. Even in amicable situations, going without legal advice can leave you exposed to financial risk and long-term uncertainty.
The rise of DIY divorce
According to a 2023 Nuffield Foundation study, only two in five divorces involved a solicitor. Just a third of couples secured a financial agreement through a court order, and 12% went through the entire process without any professional advice at all.
Since the introduction of no-fault divorce in 2022, couples have been able to divorce without assigning blame. This change has brought welcome relief for many, helping to reduce conflict and emotional strain. However, it’s thought that it will also fuel a growing trend in DIY divorces.
Why divorcing without a solicitor could cost you more later
Financial claims don’t end with your marriage
Unless a formal financial order is made during the divorce, dismissing each party’s claims against the other, either party can make a claim in the future - even many years later. In the well-known case of Dale Vince and Kathleen Wyatt, the couple divorced in 1992 with minimal assets. Years later, Mr Vince became a multimillionaire after building a successful green energy business.
In 2012, Ms Wyatt applied for a financial settlement and, since no financial order had been made with Mr Vince and she hadn’t remarried, she reportedly received a settlement of £300,000. While this may seem an extreme example, it clearly illustrates the risks of leaving finances unresolved.
Important assets are often overlooked
For those divorcing without a solicitor, it’s common to miss or misjudge the value of key assets, especially pensions. These are often among the most valuable assets in a marriage but can be complex to assess, even for experienced lawyers. That’s why specialist legal guidance is so important.
Every case is different and there’s no one-size-fits-all formula, so the legal system often relies on discretion with the aim of achieving a fair settlement, which can be difficult to navigate without proper support.
A better way forward
Media coverage tends to focus on high-conflict, high-cost divorces. However, in reality there are many ways to resolve finances and make arrangements for children without going to court or draining your resources.
At LCF Law we understand how emotional, vulnerable and deeply personal it can feel to pick up the phone and speak to a lawyer about separating from your partner. We’re here to listen, offer clear guidance and support you with empathy and expertise so you can make informed decisions about your future.
How Ellie can help you
Ellie Foster is a partner in our family law team who specialises in supporting people through the complex issues that can arise when a relationship ends. Her work often involves substantial assets and complicated matters such as businesses, pensions, trusts and international considerations.
If you’re considering divorce and would like to understand your options, you can reach Ellie on 01423 851 112 or ku.oc1750439256.fcl@1750439256retso1750439256fe1750439256.