Where to start

.: Do I need a solicitor to get divorced?

It is probably a good idea to get some specialist advice from a solicitor when you start to think about separating or divorcing. They will tell you where you stand and help you work out what your options are. You may decide, after a first interview, that you can sort things out yourself, but at least you will do this knowing about your legal position.

.: Where can I find a good solicitor?

Solicitors are listed in Yellow Pages', but you only have the information that the solicitor gives you to help you make a judgment, and you will need one who specializes in family law. Libraries and Citizens Advice Bureau can be helpful, as well as people you know who have been to see a family law solicitor. The Solicitors Family Law Association is an association of specialist family solicitors which takes a sensible approach to family law and tries to keep things amicable between husband and wife. They keep a list of solicitors and will let you have a list of the member solicitors in your area. The Law Society also has a Family Law Panel to be on this solicitors have to pass an exam and prove that they have family law experience. The Law Society will give you the names of solicitors who are on it in your area.

.: Can I my sort out my own divorce?

You can arrange a 'do-it-yourself' divorce, but it is not a good idea unless you are good at paperwork, good at figures, and your situation is straight forward. You will need the help of a solicitor if:

• You have children;
• You've been married for more than a short time (say, five years); or
• You have assets that are more than just the family home and car.

If you do decide to act for yourself, you will need to contact your local County Court to get the guidance booklets and forms you will need. Phone the Court first to check that it has a divorce section. Its number will be listed in the phone book under 'Courts'. You can also download the forms and booklets from the Court Service web-site.

.: Can l avoid going to court?

You still need to go through the courts to get a divorce, but 'mediation' is an alternative way of helping couples reach their own agreements about children and money. A typical mediation service will offer you and your husband or wife a series of meetings with one or two trained mediators. In these meetings you can talk about children and money and see whether you can reach any agreement. If you can, this agreement will be recorded and you will both be able to check it out with your solicitor (if you have one).

Mediation usually costs money, but it can be cheaper than asking a solicitor to negotiate a settlement. It often means that you and your husband or wife have a better relationship, which can be helpful for the future. For more information about mediation, including how to find mediation services in your area, see the Community Legal Service leaflet,, Sorting things out together: How family mediation can help you'.

.: Do I need a solicitor as well as a mediator?

Mediators cannot give you advice on your own legal position, so you will probably need a solicitor to make sure that the agreement reached is best for you. Also, it is sensible to turn any agreement about financial matters that you reach into a court order. Mediation services do not do this for you, but a solicitor can.

.: What will a divorce cost me?

The cost of divorce varies greatly, depending on how complicated your case is and on how much you and your husband or wife are able to agree about things. Most solicitors charge on the basis of the time that they spend on your case. Always ask for an estimate of costs when you first see a solicitor, but be prepared for this to change as your case goes on. Apart from paying your solicitor, there are court fees that you will have to pay if you are the Petitioner (the person wanting the divorce) unless you get Community Legal Service funding. There may be other fees (which solicitors call 'disbursements') for things like property valuations and barristers' fees.

.: Can I get costs back from my husband or wife?

You may be able to get part of your costs back from your husband or wife if you both agree, or if the court orders it. You will generally not get them all back, and you will still be legally responsible for your solicitor's bill.

.: Can I get help with costs if I can't afford them?

If you qualify, you can have Community Legal Service (CLS) funding (which used to be called Legal Aid) to cover:-

• The divorce proceedings (Legal Help); and
• Proceedings over money or children's issues (Approved Family Help and Legal Representation).

You can also have Community Legal Service funding for mediation.