Does my husband/wife have to have a solicitor when we divorce if I have one?

The short answer to this question is no.  Your solicitor cannot however legally advise your spouse and will regularly remind your spouse in correspondence of their right to receive their own independent legal advice. 

When you and your spouse have reached agreement with regard to the financial aspects of the divorce you will both have to provide the court with a basic summary of your financial circumstances.  The court reviews this when deciding whether or not the agreement is broadly fair.  The court generally much prefers the parties to reach their own agreement without the involvement of the court, but it can still intervene if the District Judge reviewing the agreement considers it to be unfairly balanced in favour of one party in a significant way.  This is particularly the case when it is clear from the papers that one or both parties have not received legal advice.

The court will obviously not force one party to take a share of an asset if they do not wish to do so.  The court will however make such enquiries it considers fit to ensure that that person is making an informed choice. 

George Green’s Specialist family and Divorce lawyers give advice regularly on divorce and the financial aspects of divorce.   If you wish to discuss your matter please contact Jane Williams on 01384 340 528 - jwilliams@georgegreen.co.uk at our Cradley Heath office.  We represent clients from the West Midlands and beyond including Wolverhampton, Tettenhall, Dudley, Stourbridge, Cradley Heath and Birmingham.