When going through a divorce, reaching a fair financial settlement is just as important as ending the marriage itself. You might be wondering whether you really need a solicitor to help with this stage, especially if things seem amicable between you and your ex-partner.
In this guide, we explain whether you need a solicitor for a divorce settlement, what risks you face if you go it alone and how professional support can protect your financial future – along with how to get a free 30-minute consultation with a solicitor to discuss your situation.
Can you reach a divorce settlement without a solicitor?
Yes, it is possible for couples to agree a financial settlement between themselves, without using solicitors. Many couples who separate on good terms manage to divide their finances amicably, particularly when:
- There are limited assets involved
- There are no pensions to divide
- Child arrangements are already agreed
- Both parties have similar earning power
However, even if you agree everything between yourselves, it’s still crucial to have the settlement properly drafted and approved by a court to make it legally binding. This is where a solicitor’s input becomes important.
Why is it risky to handle a divorce settlement without legal advice?
Even if things are amicable, there are several risks when handling a divorce settlement without legal support:
- You may unknowingly agree to terms that are unfair or financially damaging
- Important assets like pensions could be overlooked
- Informal agreements are not legally binding and cannot be enforced
- Financial claims remain open indefinitely without a court-approved Consent Order
- You might miss out on a clean break, allowing future claims on income, property or inheritance
In short, a solicitor helps protect you against potential problems now – and long into the future.
What does a solicitor do in a divorce settlement?
A family law solicitor can:
- Advise you on what a fair settlement would look like
- Help you understand your financial rights and obligations
- Draft a legally binding Consent Order
- Ensure full financial disclosure is made
- Represent you in negotiations, if needed
- Apply to the court to formalise your agreement
Their role is not just about fighting battles – many solicitors are focused on achieving practical, amicable solutions that work for both parties.
Is a solicitor necessary if we agree everything?
If you and your ex-partner have reached an agreement, you might still think there is no need for legal advice. However, it’s important to remember:
- The court will only approve a Consent Order if it considers the agreement fair
- Without legal drafting, mistakes or omissions can cause delays or rejection
- Future claims can still be made if a Consent Order is not in place
Many divorce solicitors offer a service where they simply review your agreement and draft the required documents without extensive negotiation, keeping costs manageable while ensuring your agreement is legally sound.
When is it especially important to use a solicitor?
There are situations where getting legal advice is highly recommended, including:
- Significant assets are involved, such as property portfolios, businesses or pensions
- One party is financially dependent on the other
- There are international elements, such as overseas property
- You suspect your ex-partner is hiding assets
- One party is particularly vulnerable or disadvantaged
Even when these factors are not present, using a solicitor offers peace of mind that your settlement is fair and final.
How much does a solicitor cost for a divorce settlement?
Costs can vary depending on complexity. For straightforward settlements where both parties agree, many solicitors offer fixed fee services to draft and submit the Consent Order.
Where negotiations are more complicated solicitors may charge an hourly rate. However, investing in legal advice at this stage often prevents far greater costs down the line if disputes arise later.
At Osbourne Pinner, we offer flexible pricing options, including fixed fees for agreed settlements and clear guidance on costs from the outset.
Can you get legal aid for a divorce settlement?
Legal aid for divorce settlements is very limited and is usually only available where there is evidence of domestic abuse or child protection issues. Most people must pay privately for legal advice in financial matters following divorce.
However some clients may be eligible for a Sears Tooth Agreement, allowing legal fees to be paid from the financial settlement at the end of the case, rather than upfront.
Protect your future with expert legal advice
Dividing finances is one of the most important parts of a divorce. Without expert advice, you risk losing out on assets, leaving financial ties open or facing costly disputes later.
Speaking to an experienced family law solicitor ensures that your agreement is fair, enforceable and protects you for the long term – whether you are reaching agreement privately or negotiating a more complex settlement.
Arrange your free 30-minute consultation with one of our divorce solicitors today. Simply complete the form below, call us on 0203 983 5080 or email [email protected]. We can meet you via video call or in person at one of our offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre.
