Do you actually need a solicitor to get divorced?
The short answer
No. You do not need a solicitor to get divorced in England and Wales. You can apply for divorce yourself online through GOV.UK, agree your finances with your ex, draft a consent order and get it sealed by a judge, all without a solicitor.
Whether you should is a different question. The divorce itself is administrative. The financial settlement is where the money is, and where mistakes are permanent. If your finances are straightforward and you both agree, you can handle it. If they are not, the solicitor's fee is usually less than the cost of getting it wrong.
General guidance, not legal advice. This guide explains what you can do without a solicitor and when you should consider instructing one. It is not a recommendation for your specific situation.
What you can do without a solicitor
Every step of a divorce in England and Wales can be done without legal representation. The government has designed the process so that people acting for themselves (known as litigants in person) can use it.
- Apply for the divorce itself. The online divorce application on GOV.UK is designed for people without solicitors. The court fee is £628 (checked 18 August 2026). Joint applications are available.
- Agree financial disclosure. Both of you complete Form D81 (for consent orders) or Form E (for contested proceedings), setting out all your assets, debts and income.
- Draft a consent order. If you agree on the split, you can draft the order yourselves or use a drafting service. The court fee is £62.
- Apply to the court. You send the signed order, both D81 forms and the fee to the court. A judge reviews and seals it on paper.
When you genuinely need a solicitor
The situations below are where doing it yourself, or using an online service, creates real risk.
You probably do not need a solicitor
- You both agree on the split, in writing, including pensions
- Your finances are simple: one home, standard pensions, no business
- Neither of you has significantly more assets or income than the other
- You are comfortable completing forms and reading guidance
You probably do need a solicitor
- You cannot agree on how to split the finances
- A pension is the largest asset (or close to it), and you need a sharing order
- One of you owns a business, has overseas assets, or holds assets in a trust
- There is a significant imbalance in earnings, health or caring responsibilities
- You suspect your spouse is not disclosing everything
- There is any history of coercive control or domestic abuse
The middle ground: services that are not solicitors
Between doing everything yourself and instructing a solicitor, there are services that handle the paperwork at a lower cost.
- Online drafting services (£159 to £279) draft the consent order for you. Most are not solicitors and do not advise on whether the deal is fair.
- Reviewed services add a solicitor review on top of the drafting, typically checked by an independent family solicitor. But it is not bespoke advice: the solicitor checks the order, not your entire financial position.
- Mediation (£120 to £250 per person per session) helps you reach agreement. A mediator is neutral and cannot give individual legal advice. You still need someone to draft the consent order afterwards.
For more detail on every route, see our full comparison of solicitor, mediator and DIY.
The pension blind spot: pensions are the asset that DIY and online services handle worst. A pension can be worth more than the house, and a consent order that splits property but ignores the pension may look fair on paper while being seriously lopsided. If either of you has a substantial pension, get proper advice on the pension, even if you handle everything else yourselves.
Common questions
Can I do the divorce application myself but use a solicitor for the finances?
Yes, and this is common. The divorce application is straightforward and designed for self-representation. The financial settlement is where the complexity sits. Many people apply for the divorce themselves and instruct a solicitor only for the consent order or financial remedy proceedings.
What if we agree now but fall out later?
Agreement can break down at any point before the order is sealed. If that happens, you can try mediation or instruct a solicitor at that stage. Starting without a solicitor does not prevent you from instructing one later. The cost you have spent on DIY up to that point is modest.
Is it safe to share a solicitor?
A solicitor cannot advise both of you because your interests may conflict. One solicitor can draft the consent order, but they can only act for one party. The other party should get independent legal advice on the final order before signing, even if it is just a one-off review.
Sources
Everything above leans on these. Primary sources where they exist.
- GOV.UK — Get a divorce: how to apply — the online divorce application and the £628 court fee. Checked 18 August 2026.
- GOV.UK — Apply for a consent order — the consent order process, the £62 court fee, and how to apply without a solicitor. Checked 18 August 2026.
- GOV.UK — Represent yourself in court — guidance for litigants in person in the family court. Checked 18 August 2026.