How much legal or financial advice you’ll need during your divorce or dissolution will depend on your situation, what you can afford and whether you’ve agreed to part on good terms.
What’s in this guide
- Do you need a solicitor to get divorced or dissolve your civil partnership?
- Should you get professional help and advice?
- Using a mediator
- Using a solicitor
- Using arbitration
- Using a collaborative family lawyer
- Using an accountant
- Using an actuary
- Pro and con using a financial adviser
- How to pay legal fees
Do you need a solicitor to get divorced or dissolve your civil partnership?
To legally end your marriage or civil partnership, you’ll need to go through the formal divorce or dissolution process.
But you can do this yourself with limited or no legal help.
Find out more in our guide DIY (do-it-yourself) divorce or dissolution
Should you get professional help and advice?
You don’t need to use a solicitor or other professional when you sort out the finances. Instead, you can decide between the two of you what you’d like to do.
But many couples do get legal advice from professionals, even if it’s only a one-off meeting with a solicitor or a mediator.
Various professional advisers can help you. You might find that one approach is better suited to your needs – and budget – than another.
If you want professional help but can’t afford it, see our guide to Legal aid and other help if you can't afford divorce or separation fees
Using a mediator
A mediator can help you and your ex-partner (husband, wife or civil partner) agree about children and money, including pensions, property, savings and investments.
They don’t take sides or give advice – instead, they help couples work towards an agreement.
Many family lawyers are also trained mediators.
Mediation works best where couples trust each other to be open and honest.
If you and your ex-partner can’t talk about who should look after the children or how you’ll divide your money, mediation might not be right for you.
It’s also not appropriate where there’s been domestic violence or where one partner is controlling or intimidating. A mediator will tell you whether your situation is suitable for mediation.
If you’re divorcing in England or Wales, you now normally need to attend one mediation session. This is sometimes known as a Mediation Information & Assessment Meeting (MIAM). This is to assess whether it’s suitable for you, before you can apply to the court to resolve any issues about children or money.
In Northern Ireland, you need to have been married for two years before you can petition for divorce or dissolution of a civil partnership.
Pros and con of mediation
Pros
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It can be quicker and cheaper than a traditional lawyer-led divorce or dissolution. And couples can feel more in control of the agreement.
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It’s flexible, so you can use it to agree some areas of your divorce or dissolution but not others.
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All sessions are confidential. That means if you can’t reach agreement and go to court, your solicitor can’t use what’s been said in the sessions.
Con
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Mediators can’t give legal advice. That means it’s important to see a solicitor before you start mediation so you know your rights. You also need a solicitor to draw up a legal agreement formalising anything you’ve agreed.
How much is a mediator?
A Mediation Information and Assessment Meeting usually costs about £100-£200. If you need more sessions, they cost more. And fees can vary depending on where you live.
You might be able to get legal aid to help pay mediation costs, but it is means-tested.
For England and Wales, find out more about fees on the Family Mediation CouncilOpens in a new window website.
The Family Mediation Council currently has a time-limited scheme that offers vouchers of up to £500 towards the costs of mediation. If you live in England or Wales, find out if you qualifyOpens in a new window on their website.
For Northern Ireland, separated parents who have not yet begun court proceedings can use the mediation service for free. Find out more at nidirectOpens in a new window and The Law Society of Northern IrelandOpens in a new window website.
For Scotland, contact Scottish Mediation to enquire about the costOpens in a new window
Making the agreement legally binding
At the end of mediation, you’ll get a document showing what you agreed. This agreement is not legally binding.
If you want a legally binding agreement you need to draft a consent order and get a court to approve it. The consent order can be based on what you agreed in mediation.
Need more information on pensions?
Call our helpline free on 0800 011 3797 or use our webchat. One of our pension specialists will be happy to answer your questions.
Our help is impartial and free to use, whether that’s online or over the phone.
Opening times: Monday to Friday, 9am to 5pm. Closed on bank holidays.
Using a solicitor
A solicitor can give you advice on your rights, responsibilities and entitlements.
You can use them to:
- help you with the divorce or dissolution forms and paperwork.
- apply an agreement you’ve reached independently with your ex-partner.
- negotiate on your behalf with your ex-partner’s solicitor, and through the courts if necessary.
- give you independent legal advice - for example, if you’re negotiating a settlement through mediation or at the start of your process if you’re doing a do-it-yourself divorce or dissolution.
Pro and con of using a solicitor
Pro
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A solicitor might give you information about your financial entitlement that you wouldn’t otherwise be aware of. If your ex-partner won’t negotiate with you, using a solicitor might be more effective than trying to sort it out directly. Most solicitors offer fixed-fee services or capped rates, which can be cost effective.
Con
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A solicitor can be very expensive, although costs will vary depending on the law firm, where it’s based and how complicated your divorce or dissolution is.
- in England or Wales on the ResolutionOpens in a new window website - solicitors who are members of Resolution are committed to minimising confrontation during divorce or dissolution. If you prefer, you can find a solicitor on the Law Society website
- in Northern Ireland on the Law Society of Northern Ireland website
- in Scotland on the Family Law Association (FLA) website FLA members are committed to minimising confrontation during divorce or dissolution. If you prefer you can find a family lawyer on the Law Society of ScotlandOpens in a new window website.
Using arbitration
In family arbitration, you and your partner choose an arbitrator. They decide on financial and property disputes, or some child-related issues. The decision will be final and binding.
Family arbitration helps couples going through family breakdown to resolve disputes confidentially – in a way that’s quicker, more flexible and less formal than a courtroom.
Find out more about arbitration on the Resolution website
Using a collaborative family lawyer
Collaborative family lawyers can help you reach agreement through a series of meetings with your ex-partner. You and your ex-partner each hire your own collaborative family lawyer.
- You all sign an agreement not to go to court.
- You agree to work together to resolve the issues between you.
- Meetings are usually face-to-face with all four of you present.
Pro and cons of collaborative family law
Pro
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Couples often feel more positive about an agreement reached through collaborative family law than a traditional lawyer-led divorce or dissolution because they have been directly involved in negotiations. Collaborative family lawyers can work with accountants or pension specialists if needed.
Cons
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It can be more expensive than a traditional lawyer-led divorce or dissolution (depending on how much a couple can agree between them). If couples can’t reach agreement through collaborative family law and take their dispute to court, new solicitors would have to be appointed, which would add to the costs.
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It works best if you and your ex-partner live near each other or can easily get to the face-to-face meetings. It might be difficult to find a collaborative family lawyer if you live in a rural location.
- in England or Wales on the Resolution website
- in Northern Ireland on the Collaborative Family Law NI websiteOpens in a new window (always check that whoever you choose is a member of the Law Society of Northern IrelandOpens in a new window)
- in Scotland on the Consensus Scotland website
Costs
Top tip
Prices can vary by thousands of pounds according to where each provider is based. So it’s worth shopping around for the right one for you at the best cost.
To find the average cost in England and Wales for legal services, use the Legal Service Board prices dashboardOpens in a new windowSelect ‘average divorce prices’ and the top of the screen, then select the option that applies to you.
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Using an accountant
You can use an accountant to value assets – for example, a business.
Some accountants specialise in assessing whether someone is hiding their assets – usually property, a business or investments – or downplaying the value of a business they own. They’re called ‘forensic accountants’.
Pro and con using an accountant
Pro
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The right accountant will be expert in valuing businesses, which a lawyer would not usually have experience of doing.
Con
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The costs can be high, especially for a forensic accountant. Even if they can show that assets have been hidden, forcing your partner to release those assets might cost more than the assets are worth.
- in England or Wales, on the website of the Institute of Chartered Accountants in England and Wales
- in Northern Ireland, on the Chartered Accountants Ireland websiteOpens in a new window
- in Scotland, on the Institute of Chartered Accountants in Scotland website
Using an actuary
An actuary is a specialist who can provide an accurate valuation of a final salary or other salary-related pension.
Working out the true value of these pensions can be complicated. It’s not something a family law solicitor would be able to do.
Pro and con using an actuary
Pro
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Useful for valuing pensions that can be complicated to assess.
Con
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The costs can be high.
You can find an actuary on the Institute and Faculty of Actuaries website
Pro and con using a financial adviser
A financial adviser can help you to divide your assets in the most tax-efficient way. They can also advise you on investing the proceeds of a divorce or dissolution settlement.
Using a financial adviser
Pro
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Specialist advice might be valuable in financially complex divorce or dissolution cases.
Con
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It will add to the overall costs of divorce or dissolution.
Find out more in our guide Choosing a financial adviser
To find financial advisers based in England or Wales who are accredited as experts in divorce or dissolution, see the ResolutionOpens in a new window website.
How to pay legal fees
When you get a divorce or dissolution, there will be costs. You might qualify for help to pay towards them.
If you do have to pay fees alone, and don’t have savings or income to cover them, find out what your options are in our guide How to pay legal fees on divorce or dissolution.
