Steven Wade is a family law advisor (McKenzie Friend) with nearly 20 years of experience helping people represent themselves in court. Having been through the system personally and supported thousands of others since, he knows what it’s like to face the stress, confusion, and pressure of doing it alone. This blog shares practical insights that empower you to take control of your case — without the legal jargon or the hefty solicitor’s bill.
Do I need a solicitor for a divorce?
Family Law Assistance
The only alternative to a solicitor.
Do I need a solicitor for a divorce?
- Introduction
- Doing your own divorce
- Do I legally need a solicitor?
- SHOULD I get a solicitor?
- What are the advantages of not using a solicitor?
- Conclusion
Introduction
Do I need a solicitor for a divorce? It’s a most googled question….
Ask a solicitor if you need their help for a legal matter and you’re not going to get an answer that surprises you.
If you have a legal matter and choose to represent yourself any letters you receive from your ex’s legal representative will urge you seek professional legal advice. Go to a court hearing as a litigant in person and it’s not uncommon for the judge to say you need to get a solicitor – whether you have gone entirely alone, with a McKenzie Friend or with someone like us by your side.
You may have even heard the old saying which could dissuade you from representing yourself…
A man who is his own lawyer has a fool for a client.
Even worse? You’ve only got to speak to friends and family who will urge you to `do it properly’ and go online to listen to horror stories from people who will tell you stories of awful outcomes, being taken advantage of by bulldog lawyers and severe regrets. They’ll say things like `You wouldn’t do your own surgery’ or `You wouldn’t do your own electrical work’.
Many people use a solicitor…because that’s just what you do, isn’t it?
Or is it?
Doing your own divorce?
OK – let’s be clear here.
Most people have the impression that a divorce case includes finances and children. It doesn’t if you’re in England or Wales.
In at least some states in the USA this is the case. A divorce will deal with everything.
In England or Wales there are 3 different areas to deal with, meaning a divorcing couple have up to 3 different cases that need to happen. These are:
- The divorce itself. This applies to married people only (obviously!)
- Finances. Again – this is for married people only (dealt with in the Matrimonial Causes Act).
- Children. If you have any (again…obviously!)
It’s worth remembering the following about the above too:
- Until you get a divorce, you’re married.
- Until you get a finance order you’re tied to your ex financially (although if you remarry you can’t make a claim on your ex and vice versa).
- You don’t have to get an order for finances though.
- You don’t have to get an order for your children if you can agree arrangements for them.
Those are the 3 strands of family law you are likely to face. Whether you need a solicitor though…we’ll address in the nect section
Do I legally need a solicitor?
The simple answer is this:
No, you don’t.
You’ve got a legal right to represent yourself without a solicitor and/or barrister. As legal aid has dwindled and more people have found themselves unable to afford high legal fees increasing numbers of cases have become `lawyer free zones’.
Aside from the fees is the elephant in the room is the trust gap when it comes to solicitors: Many litigants don’t feel properly represented despite paying high fees, don’t feel heard in the court room and feel that despite regulation by the SRA that a complaint about poor service is a waste of time.
Not only do you have a right to represent yourself, you’ve also got a legal right to do that with the assistance of a McKenzie Friend. The strange-sounding name is down to the fact that a landmark court case (McKenzie v McKenzie [1971]) established this right. The litigant – a Mr McKenzie – had taken a friend to a court hearing in London (who happened to be a barrister from Australia). The court had ruled this friend should not be permitted to be in the court hearing itself, but Mr McKenzie had appealed this decision and won.
SHOULD I get a solicitor?
This is a trickier question! The simple answer is that it is down to you. People who ask this question may be thinking. They may think:
- They’re not intelligent enough.present themselves.
- They’ll be too emotional to do it.
- It should be done `properly’.
- Solicitors say they shouldn’t do it.
- Friends say they shouldn’t do it.
- Family members say they shouldn’t do it.
- They don’t know the law.
- They can’t be organised enough.
- They don’t have the time to work on it.
- They’re heard some real horror stories.
There are cases where using a solicitor make sense. It depends on you more than the actual case usually. If the thought of speaking for yourself in a court hearing fills you with dread and you believe you have no good prospect of doing your case justice a solicitor may well be the best option.
There are some amazing solicitors out there who will do a great job, working meticulously, sensitively and efficiently to present your case as well as possible. But do your research – ask friends and family members for recommendations and speak to the solicitor in question before you engage them to ensure you `gel’ with them before allowing them to represent you.
What are the advantages of not using a solicitor?
Of course there is another side to the coin This can include the following:
- With decent assistance you can do a great job.
- No one knows your case quite like you.
- Or cares.
- You can pour your effort and resources into it.
- There is a considerable cost saving.
- You’ll be heard in court.
- You’ll feel personally empowered.
- You’re not worried about your professional reputation in court (as your solicitor may be).
- It’ll give you closure.
- There are some great McKenzie Friends and Family Law Specialists out there.
- You’ll learn new skills by representing yourself.
In my experience, most people are able to do a great job at representing themselves – even if their case seems complicated (pro-tip it’s natural to feel your case is complicated but in reality there are an awful lot of similar ones – it’s just new to you!). It’s natural to feel nervous too because court is an unnatural and unfamiliar environment for many people.
And of course, many people are fearful that they’re going to damage their prospects in the case for their children or finances.
I’d say that around 90% of people are capable of representing themselves. But it isn’t black and white either. It’s quite possible to engage the services of a direct access barrister to represent you in certain hearings, quite possible to use a solicitor for certain parts of your case (although they will of course advise you to use them for the entire one) and quite possible to use someone like us to enable you to `pick and mix’ help as needed – ranging from an occasional meeting all the way through to helping as much as possible.
Conclusion
Have an open mind about whether using a solicitor or not is right for you. It’s a personal choice and you need to ensure tiy are comfortable with whoever is by your side (or even to go it alone – but I’d recommend you don’t do that). A divorce, a child contact or finance case can have large and long-lasting implications for for your future and while there are no guarantees when it comes to family law you owe it to yourself and/or your children to give it your best shot.
Make sure you are comfortable with what you have chosen and do your best.
Good luck!
This post is for informational purposes only and does not constitute legal advice.
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