Many people use family law solicitors during the divorce process, while others choose not to. We look at the arguments for both. 

The process of getting divorced can be daunting for any couple, and even more so when there are children involved. Everyone naturally wants an outcome in the best interests of all parties — especially the children — and to remain amicable throughout and even on good terms at the end of proceedings. 

But with emotions running high, we know it’s not always like that, and many couples cannot reach an agreement about their finances, assets and the sharing of children. It’s then up to a judge to decide who gets what and how much time the children spend with their parents, in an order that will set the path for everyone for years to come.

Getting into the family courtroom can be a long, stressful and expensive endeavour, however, and both parties will naturally have many worries and concerns. They might fear the high costs of court and wonder if they can afford them or worry about their children and if they will suffer after the divorce. They could also be concerned about the split of assets and if they’ll get a fair share. Some may wonder if they can represent themselves and ask questions like, ‘Do I need a solicitor for family court?’

While many people appoint family law solicitors to represent them in court proceedings when they’re getting divorced, they are not legally required to do so. You don’t even have to get advice from solicitors before attending court and handling your case yourself, a circumstance in which the court will recognise you as a litigant in person. You may even be entitled to financial assistance to help in covering your costs. 

The number of people representing themselves in court has been on the rise in recent years, driven largely by cuts in legal aid, the parliamentary Justice Committee found. It “voiced concern that some [litigants in person] might have difficulty in presenting their case” because they are not knowledgeable about the law and are not familiar with courts and the various processes involved in hearings. This then puts people at a disadvantage, and they may not get the outcome they had been hoping for. 

Some people going through the divorce process choose to present their case themselves, not because a lack of finances means they can’t afford a family law solicitor, but because they may feel they can talk directly to the judge and get their message across better. If you’re considering this, it’s advisable to be aware of court etiquette. 

You’ll need to keep your emotions under control and not get frustrated at anything the other party or their solicitor says. You must remain calm and polite at all times — failure to do so may get you in difficulty with the judge. When addressing the court and the judge, you need to speak slowly and clearly and not rush what you’re saying. Make sure you don’t interrupt anyone else whose turn it is to speak or raise your hand — you will get your own time to say what you want. 

You can have someone with you in court, known as a McKenzie friend, who can help you with the case, but they cannot address the court, interrupt proceedings or sign any legal documents for you. A McKenzie friend will mostly take notes and give you any advice you may need, although they’re usually not trained in the law. The judge will need to permit you to have such a helper at the outset of proceedings.

Of course, you don’t need to head to court at all with your divorce case, as you can try to resolve matters yourself by opting for mediation in family law. This is a required first step in most cases before issuing proceedings in any event but in addition the family courts in England and Wales are recommending this approach because they’re backlogged. The government also backs this approach and is making cash aid available in some cases to cover the cost of some mediation sessions. 

There are different kinds of mediation, depending on your situation and whether you’re on speaking terms with your soon-to-be-ex partner. The mediator may be a solicitor who has received additional training in this form of dispute resolution, like our Laura Brown and Margaret Kelly-Edwards. You can choose to attend sessions alone or with your spouse and also a family law solicitor if you wish. If you wish to discuss this option further, we have qualified mediators available in our practice.

It may not be possible to agree on some or all outstanding issues, and you then might have to consider heading to court. But if you can resolve everything, mediation provides a solution that saves you time and money — and the stress of attending court.

We mentioned at the outset of this piece that getting a divorce can be challenging  to endure. Adding an extra layer of tension and pressure by preparing your own case without a family law solicitor to assist and support you and representing yourself in court might seem like an impossible task — and in many cases, it is. 

Family law is inherently complex. Heading into a courtroom with little or no knowledge of it and the parts applicable to your case has the potential to leave you in a difficult position — especially if the other party has a skilled family law solicitor representing their case to the judge. The person you’re divorcing might also have a family law barrister present in court, a trained advocate. 

Along with helping to resolve issues relating to children in divorce proceedings, family law solicitors are often invaluable in another important area when you’re splitting up: financial matters and ensuring that there is full disclosure and that you receive a fair share of the assets available. This is particularly vital in high-net-worth cases, where substantial amounts of money and assets are at stake. 

Specialist high-net-worth divorce lawyers can ensure that all available assets in any jurisdiction are considered within a settlement and also that important expert advice about tax, trusts or pensions, for example, is obtained.  

If there has been serious “conduct” by one party for example in not providing full financial disclosure or in trying to spend or give away assets to put them out of reach then a family law solicitor can assist you in dealing with that and any penalty that may be required.

For example, in very serious cases of excessive expenditure the  judge could even agree to an “add-back” measure, as the other party has engaged in “reckless and wanton” spending to deprive the other side of full matrimonial assets. This is based on a precedent set in a 2007 case (Vaughan v Vaughan) in which the husband had unnecessarily spent £100,000 and the wife was subsequently awarded more money. The judge can also make costs orders against that party meaning they would have to pay a part of the other party’s costs from their share of the assets.

All this could mean that you get greater clarity about the assets and therefore a fairer outcome when you have a family law solicitor working with you, helping to protect your rights and fighting to ensure you get a desirable outcome in your divorce. 

If you’re thinking about getting divorced and wondering if you need a solicitor for family court or should represent yourself, our expert family law solicitors are here to help and advise you about your particular situation. Request a consultation now.