Why Seeking Legal Advice in Divorce Can Protect Your Family

Couples who divorce without seeking legal advice often make costly mistakes and endure unnecessary stress, a new survey suggests.

It indicates that thousands with little knowledge of the law could be losing out financially and harming their future well-being by choosing DIY divorces. Arranging and dividing finances after separation can be complicated, and many people underestimate the challenges involved. Getting legal advice helps to ensure a fair settlement, avoid common pitfalls, and reduce emotional strain.

Public Knowledge of Divorce Law is Limited

The study, involving 20,000 people in England and Wales, tested the public’s understanding of divorce laws, particularly around splitting finances and property. Emma Hitchings, professor of family law at the University of Bristol, co-led the research and found a “substantial lack of knowledge” among those separating.

A common misconception is that assets are automatically split 50-50, with nearly a third of respondents believing this to be the case. In reality, the law considers factors such as the length of the marriage, financial contributions, and individual needs, meaning settlements vary. Without expert legal advice, many individuals risk making decisions that do not fully protect their financial future.

Relying on DIY Solutions Can Be Risky

Professor Hitchings warned that people increasingly rely on their “own solutions” when dividing assets, particularly since legal aid is no longer available for most family cases. She described financial settlements as “highly discretionary and a legally difficult concept”. A solicitor can provide expert guidance to navigate these complexities, ensuring that all key financial factors—such as property, pensions, and savings—are properly considered.

Lack of Legal Advice Leads to Costly Mistakes

The study also found that women had a greater understanding of laws relating to children, while men were more familiar with asset division. However, the overall public knowledge of divorce law was poor, with most respondents correctly identifying fewer than half of 10 key legal statements. Just 1% answered all correctly, highlighting the widespread lack of understanding.

A lack of legal advice often leads to “poor settlements”, Professor Hitchings said, as many people base their decisions on misunderstandings of the law. This can result in unfair financial arrangements, unnecessary stress, and costly errors. Seeking early legal guidance helps to avoid mistakes, ensures agreements are legally binding, and uncovers any hidden assets to secure a fair outcome.

The Importance of Early Legal Advice

Ash Patel, programme head of justice at the Nuffield Foundation, which funded the study, supported calls for “earlier and more accessible legal advice” to prevent “unsatisfactory and unfair financial arrangements”.

If you are going through a divorce, professional advice can make all the difference. Arranging and dividing your finances after separation can be complicated and stressful, but getting legal support ensures the right process is followed and key factors are considered. A solicitor can help with:

• Expert Advice – Understand your rights and options
• A Fair Settlement – Ensure assets like property, pensions, and savings are divided properly
• Less Stress – Reduce conflict and let a professional handle negotiations
• Legally Binding Agreements – Make sure financial agreements are official and enforceable
• Avoiding Mistakes – Prevent costly errors and delays
• Uncovering Hidden Assets – Ensure full financial disclosure

Protecting the Welfare of Children in Divorce

The welfare of a child is the primary consideration when a family breaks up. A solicitor can provide advice on disputes concerning children, helping parents navigate issues such as custody arrangements, visitation rights, and parental responsibility in the best interests of the children.

Contact Us for Expert Support

Seeking legal advice early can save time, money, and emotional strain in the long run. If you need guidance on divorce and financial settlements, we are here to help. For more information about the issues raised in this article or any aspect of divorce and family law, please contact us.