Do you need a solicitor or a financial adviser for a divorce?
They do different jobs. A family solicitor handles the legal side and drafts the court order. A mediator helps you both reach agreement. A financial adviser looks at what a settlement means for your income and retirement. Many people use more than one, and none is compulsory, though legal advice before signing is wise.
Published . General information, not financial advice.
What does a family solicitor do?
A family solicitor advises you on your legal rights, negotiates with your ex or their solicitor, and drafts the consent order that makes a financial agreement binding. If you can't agree, they run your case through court, from Form A and Form E to the hearings.
Solicitors in England and Wales are regulated by the Solicitors Regulation Authority. You can check a solicitor or firm on the SRA register. Fees are usually hourly, though some firms offer fixed fees for set pieces of work, such as drafting a consent order. Ask for an estimate in writing at the start.
What does a mediator do?
A family mediator is a neutral person who helps you and your ex work out an agreement yourselves. They don't take sides or give either of you legal advice.
Before applying to court about money or children, you usually have to attend a Mediation Information and Assessment Meeting (MIAM). GOV.UK says it typically costs around £120 and is free if either of you qualifies for legal aid. You attend separately, and only a mediator accredited by the Family Mediation Council can sign the form. You may not need one in some cases, such as where there has been domestic abuse.
The Family Mediation Voucher Scheme can contribute up to £500 towards mediation, but only where there is also a dispute about children. Purely financial disputes don't qualify, and the voucher doesn't cover the MIAM. You can find a registered mediator through the Family Mediation Council.
An agreement reached in mediation still needs to be turned into a consent order to be legally binding.
What does a financial adviser do?
A solicitor tells you what you can legally ask for. A financial adviser helps you understand what each option means for your money over time: whether to take a pension share or keep the house, whether a mortgage on one income works, and how to invest a lump sum or rebuild your pension afterwards. Some financial advisers specialise in divorce.
Advice is most useful before you sign, while the terms can still change. Financial advisers must be authorised by the Financial Conduct Authority. Use the FCA's firm checker and register to confirm a firm has permission for the advice you need. Advice from an authorised firm gives you access to the Financial Ombudsman Service if something goes wrong.
You can search for FCA-regulated financial advisers by postcode on our find an adviser page.
What does a pensions on divorce expert do?
A Pensions on Divorce Expert (PODE) is a specialist, often an actuary, who values pensions and works out what share would achieve a particular result, such as equal retirement incomes. They are normally instructed jointly by both of you, and their report goes to both sides and the court.
A PODE is most often needed where there is a final salary or public sector pension. Our pensions article explains when.
What if you can't afford a solicitor?
Legal aid for family cases is limited. GOV.UK says it may help with mediation, and with advice on finances, children or divorce if you have been in an abusive relationship. Help with court fees is available if you are on benefits or a low income.
If you represent yourself in court, you are a litigant in person. You can usually bring a McKenzie Friend to support you. Under the judiciary's guidance, they can take notes, help with papers and quietly give advice, but they can't speak for you in court or sign documents unless the court specifically allows it. Some people pay a solicitor for advice on specific points while handling the rest themselves.
How do you choose who to work with?
Check registration first: the SRA register for solicitors, the FMC register for mediators and the FCA register for financial advisers.
Then ask each one:
- how they charge, and for an estimate of the total
- what experience they have with cases like yours, such as pensions or a business
- who will actually do the work, and how quickly they reply
Choose someone you can talk to openly, because you will be sharing a lot. You can change professional if it isn't working.
It also helps to arrive organised. A list of assets, debts and income with the statements you have collected means less of a professional's paid time goes on gathering basic facts. Our financial picture article sets out what to collect. Write down your questions before each meeting and keep a record of the answers and any costs agreed.
Related questions
Do I have to go to mediation before a divorce?
Not for the divorce itself. You usually have to attend a MIAM before applying to court about money or children, unless an exemption applies, such as domestic abuse. The MIAM is a meeting with a mediator to see whether mediation suits you; you don't have to go on to mediate if it isn't suitable.
Can a McKenzie Friend speak for me in court?
Not normally. A McKenzie Friend can sit with you, take notes, help with papers and quietly give advice, but they have no right to address the court or conduct your case. A judge can allow it in a particular case, and you would need to ask at the start of the hearing.
When should I see a financial adviser in a divorce?
Before you agree a settlement, especially if there are pensions, a business or a large mortgage involved. A solicitor or mediator handles the legal agreement, while a financial adviser shows what each option means for your income and retirement. Afterwards, an adviser can help you invest a lump sum or rebuild your pension.