Key Takeaways
- You don’t legally need a solicitor to get divorced in England and Wales, and many people apply online themselves.
- The divorce only ends the marriage. It doesn’t deal with money, property, pensions or arrangements for children.
- An informal financial agreement isn’t legally binding. It needs the court’s approval in a consent order, which carries a £62 court fee.
- In an agreed divorce, the biggest risks usually come from the finances and their timing, not the divorce application itself.
You and your partner both agree it’s over. Maybe you’ve already sat at the kitchen table and roughly worked out who keeps what. So paying a solicitor can feel like an unnecessary cost at the exact moment your money is about to be split two ways.
That’s a fair instinct, and for some couples it’s the right call. For others, skipping advice to save a few hundred pounds ends up costing far more years later, usually because of something neither of them knew to check.
The honest answer depends on what “uncontested” covers in your case. This guide explains when you can safely handle a divorce yourself, where the real risks sit and how a solicitor can help without taking over. If you’d like to talk it through first, Osbourne Pinner offers a free 30-minute consultation with our divorce and family law solicitors.
Can you get divorced without a solicitor?
Yes. There’s no legal requirement to use a solicitor, and the online service is built for people applying on their own. You can apply alone or jointly with your partner, and the court fee to apply for a divorce is £628. If you’re on a low income or receive certain benefits, you might able to get help with the fee too.
Since no-fault divorce arrived in April 2022, almost every divorce is uncontested in the strict sense. Nobody has to prove fault, and a partner can’t block a divorce simply because they don’t want it. The process still takes time, though. There’s a minimum of 26 weeks from issue to final order, and our analysis of Ministry of Justice figures shows the typical divorce now takes 42 weeks from application to final order.
What does “uncontested” actually cover?
This is where most of the confusion starts. When people say their divorce is uncontested, they usually mean one of three different things.
- The first is the divorce itself, which is the legal process that ends the marriage
- The second is the finances, meaning the house, savings, pensions and debts
- The third is the arrangements for any children
Agreeing on the first doesn’t settle the other two, and the divorce application doesn’t touch them at all. So, a couple can have a completely uncontested divorce and still be exposed financially, because they never formalised what they agreed about money.
Our guide to no contest divorces explains the divorce process itself in more detail. If you have children, our free Child Maintenance Calculator can help you sense-check any figures you’ve discussed.
When can you safely do it yourself?
Handling the divorce yourself tends to work well when your situation looks something like this:
- You were married for a short time and built up little together.
- You don’t own property, together or separately.
- Neither of you has significant pension savings or a business.
- You have no children, or you’ve agreed arrangements that are working.
- You both earn a living and neither of you depends on the other financially.
- You genuinely agree, and nobody is feeling pressured to accept terms.
If that’s you, the application itself is straightforward. The one thing still worth thinking about is whether to close off financial claims formally, even where there’s little to divide. More on that below.
Why agreeing isn’t the same as being protected
However friendly, an agreement between the two of you isn’t legally binding on its own. It only becomes binding once the court approves it in a consent order. The fee for that is £62, and a judge will read the proposed order alongside a summary of your finances before approving it. If the terms look unfair or unclear, the judge can ask questions or refuse to approve it.
Without a financial order, claims between you can stay open indefinitely, even after the divorce is final. The best-known example is the Supreme Court’s decision in Wyatt v Vince in 2015. A former wife was allowed to pursue a financial claim nearly 20 years after the divorce, because no financial order had ever been made. The couple had very little money when they split, but the husband later built a very successful business.
A consent order can include a clean break, which ends financial claims between you for good. It’s the step many couples who do everything themselves skip, simply because they don’t realise it exists. GOV.UK sets out how dividing money and property when a relationship ends works, including how to apply for a consent order.
What are the traps in an agreed divorce?
Even friendly divorces trip over the same few problems. None of them are about the divorce application. They’re about timing and the finances.
Applying for the final order too early
Once the final order is made, you’re no longer married. That can matter if some benefits, such as pension death benefits, depend on you still being married when they’re paid out. Solicitors often advise waiting until the financial order is approved before applying for the final order, so nobody loses out if something happens in between.
Remarrying before the finances are sorted
Under section 28(3) of the Matrimonial Causes Act 1973, a person who remarries can lose the right to apply for most financial orders against their former partner, unless a claim was already made before the new marriage. This is often called the remarriage trap, and it catches people out because it seems so unrelated to the divorce.
Forgetting about pensions
Pensions are often the largest asset after the house, yet couples who agree things informally tend to overlook them. A pension can be shared on divorce, but only through a court order.
Leaving the house and mortgage as they are
If one of you moves out but the property and mortgage stay in joint names, you both remain liable for the mortgage. An informal promise that one of you will take it over doesn’t change that.
How can a solicitor help without taking over?
Using a solicitor doesn’t have to mean handing over the whole process. Many people handle the divorce application themselves and ask a solicitor to check their financial agreement, draft the consent order and advise on the timing of the final order. It’s often the most cost-effective way to get protection where it counts.
Others prefer the solicitor to run everything, especially when time or stress is a factor. We offer fixed fees for the divorce itself, so you know the cost from the start. Our financial settlement solicitors can advise on the money side and give you a clear quote before any work begins. If you’d like a rough idea of how your assets might be divided first, our free Divorce Settlement Calculator is a useful starting point. For a full picture of what an agreed divorce costs, see our guide to what a divorce costs when both of you agree.
When should you definitely speak to a solicitor?
Some situations carry enough risk that getting advice is sensible, however well you and your partner are getting on. These include:
- There’s property, significant savings, a pension of real value or a business to divide.
- One of you has always handled the money and the other isn’t sure what exists.
- You suspect assets have been moved, hidden or undervalued.
- You feel pressured to agree, or there’s a history of domestic abuse.
- Either of you lives abroad or has assets overseas.
- Your partner has already instructed a solicitor.
In any of these cases, the fact that you both agree to divorce doesn’t tell you whether the financial deal on the table is fair. That’s the question a solicitor can answer.
Speak to a solicitor about your uncontested divorce
An agreed divorce can still leave you exposed if the finances are never formalised or the final order is timed badly. Problems like these often only surface years later, when they’re much harder and more expensive to fix.
At Osbourne Pinner, our divorce and family law solicitors help couples keep agreed divorces simple while making sure the paperwork protects them. Whether you want us to handle everything or just check your agreement and draft a consent order, we’ll explain your options and costs clearly before you commit.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation, Monday to Friday. You can speak with us via video call or visit our offices in Piccadilly Circus, Canary Wharf, Wimbledon, Harrow or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below. We do not offer Legal Aid.
