Divorce, child arrangements, and financial settlements are some of the most important and emotional legal matters you will ever face. In moments like these, the decisions you make can have lasting effects on your life and the future of your family.
Understanding the role your lawyer plays, as well as that of the other parties involved, will always place you in a powerful position, so you can be sure you are instructing the right people to lead you to the right result. The wrong advice, or no advice at all, can lead to costly mistakes that are difficult to undo.
In this article, Suzanne Foster, Partner and Head of our Family Law team, explains what a Divorce Lawyer does in family proceedings, the role of other parties, and how using a lawyer protects your rights, finances and your future.
What does a Divorce Solicitor do?
A Divorce Solicitor's role goes far beyond completing forms or speaking on your behalf in Court. Our role is to guide you through the legal process, ensure your rights are protected, and help you make informed decisions at every stage.
We can assist with:
Divorce proceedings
- Advising you on the legal grounds for divorce and the process from start to finish.
- Completing and filing the necessary paperwork to ensure it is accurate and accepted by the Court.
- Responding to any issues raised by your spouse or their lawyer.
- Helping you understand the implications of decisions before you make them.
Financial matters
- Negotiating fair settlements that take into account property, pensions, savings, and debts.
- Ensuring any agreement is legally binding so it can be enforced, if necessary.
- Advising on the long-term implications of financial arrangements.
Arrangements for children
- Helping you agree where your children will live and how much time they will spend with each parent.
- Advising on issues such as schooling, healthcare, and holidays.
- Supporting you in Non-Court Dispute Resolution methods, such as Family Mediation, collaborative law, Resolution Together, or representing you in Court if agreement cannot be reached.
Wider support
- Connecting you with trusted financial advisers, tax experts, or counsellors when needed.
- Introducing you to trusted colleagues who can advise on updating your Will, Powers of Attorney, or other legal documents after separation.
What is a McKenzie Friend?
A McKenzie Friend is someone who can accompany you to Court and offer moral support. They can help you organise paperwork, take notes, and quietly suggest questions you might want to ask.
However, there are strict limits on what they can do:
- They cannot give you legal advice.
- They cannot speak for you in Court unless a Judge gives permission.
- They are not regulated by the Solicitors Regulation Authority.
- They are not insured if something goes wrong.
While a McKenzie Friend might be cheaper, they do not have the same professional responsibilities, experiences, knowledge, or legal obligations as a qualified lawyer. If they make a mistake, you have very limited options for recourse. While McKenzie Friends can offer emotional support, they are not lawyers and so are not a substitute for the legal advice and protection a qualified Solicitor provides.
What does a barrister do in family law proceedings?
In some family law cases, your lawyer may recommend instructing a barrister to assist with specific parts of your case. A barrister is a legal professional who specialises in representing clients in Court and providing expert advice on complex legal matters. While your Family Lawyer manages your case from start to finish, a barrister is often brought in for:
- Advocacy in Court, which means presenting your case, cross-examining witnesses, and making legal arguments before a Judge.
- Offering an expert view on complex points of law or unusual case circumstances.
- Using their advocacy skills, they can help reach agreements for settlement before or during Court proceedings.
Your Divorce Solicitor will remain your main point of contact, preparing your case, gathering evidence, and ensuring the barrister is fully briefed. This team approach means you benefit from the combined expertise of both professionals; your lawyer's ongoing guidance and your barrister's specialist Court skills.
Why use a Divorce Solicitor?
When you instruct a qualified lawyer to support you, you benefit from:
- Regulated advice – Solicitors must follow strict professional and ethical rules.
- Legal expertise – Years of training, experience, and continual professional development.
- Confidentiality – Your information is protected by law.
- Accountability – If something goes wrong, you have formal avenues for complaint and compensation.
- Representation – The ability to speak for you in Court and negotiate on your behalf.
A Solicitor does not purely deal with the here and now. We anticipate future issues, close gaps in agreements, and make sure your arrangements are sustainable and enforceable. This is about getting it right the first time, avoiding costly disputes later. If you are contemplating divorce or contacting a lawyer to discuss children and financial arrangements, we would always recommend you seek advice early so you understand your options. We offer a free initial consultation, during which we will listen to your particular situation and provide you with our recommendations for the right path for you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
