[1] The answer to that question is ‘No’. Here we explain (i) how divorce proceedings are typically completed online without the necessity for a divorce lawyer, and (ii) why securing legal representation is highly advisable—and often essential—for financial matters and obtaining a court-sealed Financial Order (also referred to as a Financial Remedy Order or Consent Order, where an agreement is reached).
[2] Divorce as a Straightforward Online Process (Legal Representation Not Always Required)
In England and Wales, many individuals many people apply for a divorce online by themselves without instructing a solicitor.. The process is designed to be accessible, efficient and straight forward to use.
Please note, a court fee of £612 is payable upon submission of the divorce application.
[3] Brief Overview: Steps in the Online Divorce Process
Divorce applications are managed via the HM Courts & Tribunals Service online portal, with key steps summarised below:
3.1 Initiating the Application
A party may apply as a sole applicant or both parties may proceed jointly. Applications are submitted online along with the requisite court fee.
3.2 Service / Notification
For sole applications, the court will generally notify the other party (“respondent”) and request confirmation of receipt. Joint applicants engage concurrently through the portal.
3.3 20-Week Reflection Period
There is a statutory minimum period of 20 weeks between issuance of the application and eligibility to progress to the Conditional Order. This interval allows for reflection and, where relevant, discussion regarding financial settlement.
3.4 Decree Nisi (now referred as the Conditional Order)
Upon completion of the 20-week period, applicants may seek the Conditional Order, confirming the court sees no reason to prevent the divorce from proceeding.
3.5 Decree Absolute (now referred to as the Final Order)
After a minimum of 6 weeks and 1 day following the Conditional Order, the parties may apply for the Final Order online, which legally dissolves the marriage.
Note: While divorce terminates the marital union, it does not automatically resolve financial matters or extinguish financial claims.
[4] Financial Orders: Separate Protection for Financial Interests
Once the Conditional Order has been pronounced, that is the time to submit to the court a draft order which sets out the terms of the financial settlement reached between the parties.
The court will look to achieve a Clean Break between the parties so that the parties no longer has any financial connection going forward.
Without a sealed financial clean break order from the court, each party will forever be liable to the other party to a financial claim.
[5] Importance of Legal Representation for Financial Orders
Engaging a solicitor for financial remedy is crucial, due to:
5.1 Comprehensive Identification of Claims
Financial remedies extend beyond immediate asset division and can encompass property adjustment, lump sums, pension sharing/attachment, school fees, business interests, trusts, inheritances, and debt responsibility. Legal expertise ensures all claims are appropriately addressed, mitigating future disputes.
5.2 Ensuring Complete Financial Disclosure
Optimal settlements rely on full financial disclosure. Solicitors facilitate this process (utilizing standard court documentation such as Form E in contested cases), ensure accuracy, and base outcomes on verified information.
5.3 Securing Enforceable Outcomes
Informal agreements are generally unenforceable; only properly drafted, court-approved orders guarantee enforceability regarding property transfers, pensions, and payment schedules.
5.4 Precise Drafting and Negotiation
Consent Orders require meticulous drafting. Minor errors may result in unenforceable provisions, unforeseen tax implications, ambiguity concerning asset transfer, or failure to provide a clean break.
5.5 Future Claim Protection
Achieving, where suitable, a clean break is vital to prevent subsequent claims. Typically, only a court-approved Financial Order affords this protection.
[6] How This Firm Can Assist
Should you wish to conduct the divorce online independently, our firm remains available to manage the financial remedy process, encompassing:
- Providing advice on likely outcomes and settlement scope;
- Administering financial disclosure and valuations (property, pensions, business interests);
- Leading negotiations;
- Drafting Consent Orders and supporting documents (e.g., statement of information);
- Handling financial remedy proceedings when agreements cannot be reached.
