Getting divorced! Questions to ask your solicitor?

Your marriage is ending, and you’re sitting there wondering: What do I even ask a solicitor? The truth is most people walk into that first appointment completely unprepared, then leave wishing they’d asked the decisive questions. The right divorce solicitor doesn’t just know family law; they anticipate your fears about money, your children, and whether you’ll survive this financially. This isn’t about finding any lawyer, it’s about finding your lawyer, someone who specialises in cases like yours and speaks your language, not legal jargon.

Ask the wrong questions and you’ll regret it for years; discover what actually matters in that first appointment.

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Finding the right divorce solicitor: Essential questions before you hire

Before you commit to any divorce solicitor, establish whether they’re qualified to handle your specific situation:

• What percentage of your practice is family law? You want a specialist, not someone who dabbles in divorce between other cases.
• How many cases like mine have you handled? Experience with high-net-worth divorces, domestic abuse, or international custody matters if that’s your reality.
• Are you a member of Resolution? This organisation requires a constructive approach rather than aggressive tactics that escalate costs.
• Who handles my case day-to-day? Some firms pass work to junior staff while charging partner rates.
• What’s your communication style? Establish whether you’ll get regular updates or be left chasing them constantly.

Maximising your initial consultation: Questions about your case

Your first appointment determines whether this solicitor understands your circumstances and can develop a viable strategy:

• What are the likely outcomes? Get realistic expectations about financial settlements, child arrangements, and timelines, not false hope.
• Should I pursue mediation first? Alternative dispute resolution often saves thousands in legal fees and reduces conflict.
• What evidence do I need? Financial documents, property valuations, pension statements, and records of marital assets are essential.
• How will my pension be divided? Pensions are often the second-largest matrimonial asset after property but frequently overlooked.
• What happens to our family home? Whether it’s sold, transferred, or kept until children are older affects your entire financial future.
• Can my spouse claim maintenance? Understand your liability for spousal maintenance based on income disparity and marriage length.

Understanding costs and communication: Financial transparency questions

Legal fees can spiral quickly, so you need absolute clarity on costs before signing anything with your divorce solicitor:

• What’s your hourly rate? Rates vary from £150 to £500+ per hour depending on seniority and location.
• How much will my divorce cost in total? Request estimates for uncontested divorces versus contested proceedings, including court fees.
• Do you offer fixed fees? Some solicitors offer fixed-price packages for straightforward divorce petitions or financial consent orders.
• How often will I be billed? Monthly billing helps you track costs and avoid nasty surprises.
• What’s included in your fee? Clarify whether emails, calls, and court attendance are charged separately.
• Do you require a retainer upfront? Most family law solicitors require £2,000 to £5,000 initially, depending on case complexity.

Strategy and timeline: Planning Your divorce journey

Anticipating the process and timeframe prevents unrealistic expectations and helps you plan accordingly:

• How long will my divorce take? Uncontested divorces typically take 6-9 months, while contested cases can exceed two years.
• What’s your strategy for my case? A good solicitor outlines whether they’ll pursue negotiation, mediation, or court proceedings.
• When are the key milestones? Know when you’ll receive the decree nisi, decree absolute, and financial order.
• Can we avoid court entirely? Court should be the last resort, most cases settle through negotiation.
• What if my spouse refuses to cooperate? Understand the legal mechanisms available when dealing with an unresponsive ex-partner.

Children and assets: Protecting what matters most

When minors and significant assets are involved, the questions you ask your divorce solicitor will shape your future and that of your children:

• What child arrangements are realistic? Courts prioritise the child’s best interests, not parental preferences, when determining living and contact arrangements.
• How is child maintenance calculated? The Child Maintenance Service uses a formula based on the paying parent’s gross income and number of children.
• Can I relocate with my children? Moving abroad or significant distances requires either your ex-partner’s consent or court permission.
• How are assets divided? Courts aim for a fair split, not necessarily 50/50, considering contributions, needs, and earning capacity.
• What happens to jointly owned property? Options include selling immediately, one party buying out the other, or delaying sale until children are older.
• Are inherited assets protected? Assets received as gifts or inheritance may be excluded from the matrimonial pot, depending on circumstances.

FAQs

Can I change solicitors if I’m unhappy with my current one?

Yes, you can switch divorce solicitors at any stage. Your new solicitor will request your file from the previous firm. You’ll need to settle outstanding fees first, and bringing a new solicitor up to speed may incur additional costs.

What’s the difference between divorce and separation?

Divorce legally ends your marriage, allowing you to remarry. Legal separation keeps you married but formalises living arrangements and finances. Some choose separation for religious reasons, but it doesn’t prevent your spouse filing for divorce later.

Will my divorce be made public?

Divorce proceedings are generally public record. However, financial remedy hearings can be held in private, and you can apply for reporting restrictions in cases involving children or domestic violence.

Asking the right questions transforms your first appointment from overwhelming to empowering. A specialist divorce solicitor who answers these questions transparently, understands your priorities, and communicates clearly will guide you through this difficult transition with confidence and clarity.

Find your divorce solicitor?

Qredible’s network connects you with experienced family law solicitors who specialise in cases like yours.

KEY TAKEAWAYS:

• Preparation is everything when meeting a divorce solicitor. Ask about their specialisation in family law, experience with cases like yours, membership in Resolution, and who will handle your case day-to-day to ensure you’re hiring the right professional.
• Financial transparency prevents nasty surprises. Clarify hourly rates, total estimated costs, billing frequency, what’s included in fees, and whether fixed-price packages are available before committing to any divorce solicitor.
• Protect your interests by asking strategic questions. Understand realistic timelines, child arrangement options, how assets and pensions will be divided, and whether mediation or court proceedings suit your situation best.