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The risks of not using a solicitor for your divorce

3rd June 2025

Divorce is a difficult time for everyone – but it can be made even harder by couples’ unwillingness to instruct solicitors for help.

Some people feel that hiring a solicitor indicates an unwillingness to divorce amicably. Some may feel that their spouse no longer trusts them. Some may even view the instruction of a solicitor as a personal attack.

No wonder that many people try to DIY their divorce and avoid the mention of “a solicitor” as far as possible.

However, taking this approach can be a costly mistake.

By not taking independent legal advice, you are setting yourself up for misunderstandings, financial arrangements that do not work for you, and further costly litigation down the line.

Here are the risks of not using a solicitor for your divorce.

Misunderstanding complex legal terms

Alimony, contempt of court, decree nisi, judicial separation – the law has its own language.

Without an expert family solicitor to cut through the legalese, you risk agreeing to unfair child arrangements and costly financial agreements, simply because you do not understand exactly what they mean.

Independent legal advice is essential for helping you understand key processes, court orders, and your options for negotiating arrangements.

Hasty decisions

Divorce is often highly stressful, and when emotions are running high, attempts at amicable communication can break down.

This can make it impossible to approach divorce negotiations with an open mind and a respectful manner.

Additionally, without independent legal advice, you could do or say something in the heat of the moment that you might regret later.

Strong emotions not tempered by sound legal counsel can lead to hasty decisions, and these are rarely fair for all parties.

By instructing solicitors to help with your divorce, you will benefit from independent legal advice that helps you make rational decisions that serve your interests.

Additionally, with legal representatives involved, it can be much easier to take a collaborative, communicative approach to negotiations.

Trained collaborative law solicitors – such as members of Resolution – are committed to helping families work as amicably and collaboratively as possible towards a solution.

Failure to put children first

Divorce can be significantly more stressful when there are children involved.

While you obviously want what is best for your children, divorcing parents often find themselves fighting for child arrangements based on their personal wishes rather than what is in the children’s best interests.

Parents may wittingly or unwittingly try to get children involved in adult issues, making derogatory comments and pressuring children to “pick a side.” This is not helpful for anyone and can be hugely damaging for the children involved.

Without independent legal advice, it can be difficult for couples to work together to agree on arrangements that put the children’s interests first.

Furthermore, in the event that your spouse is a danger to your children, a solicitor can help you get a Child Arrangements Order to limit contact. However, this should only be done if there is a genuine risk of harm to your children from your ex-partner.

After all, a Child Arrangements Order is to protect the child, not to score points between parents.

High costs

Whether you manage to split amicably or not, divorce can be costly.

Some people are put off hiring a solicitor to help them through the divorce process because of the legal costs involved.

However, although legal advice is an upfront investment, it will save you substantial amounts of money in the future.

For example, if you have not received proper legal advice, you could end up with a financial agreement that does not address certain issues, such as division of pensions. You could end up returning to court in an attempt to vary the settlement at a later date, which would incur additional costs to rectify your earlier mistakes.

A solicitor can help you put legally binding financial arrangements in place that prevent your ex-partner making a financial claim against you in the future.

In certain circumstances, it may be appropriate for your ex-spouse to pay some or all of your legal costs. Your solicitor can advise on whether this is the case for you.

Reduce the stress of separation with Ansons Solicitors

Divorcing without independent legal advice can lead to defensiveness from both parties, poor communication, refusal to negotiate, and lengthy, costly court proceedings.

By instructing an expert family solicitor from the get-go, you’ll be in the best position to reach financial agreements and put child arrangements in place that respect the interests of all parties involved.

All Ansons family solicitors are members of Resolution and trained collaborative lawyers – so with us by your side, you’ll be able to keep costs down, save time, and reduce the stress of separation as much as possible.

If you need to divorce, don’t do it on your own. Contact our Family Law solicitors today for independent legal advice and guidance.