To answer this question, ask yourself the following:

Are you sure you have proper grounds for a divorce?

Your rights to a divorce are not automatic. You have to prove one of the five facts in order to satisfy the legal requirements to obtain a divorce on the grounds of irretrievable breakdown. It's not usually necessary to use a solicitor to draft the petition, although if there are any complex features you may wish to ask a solicitor to cast an eye over it before it's issued. Alternatively, the court staff are often very helpful and will assist as far as they are able with simple enquiries.

Is your divorce contested or uncontested?

If both you and your spouse agree that you should divorce, then your divorce will be 'uncontested'. If one spouse is unwilling to divorce, then the divorce will be contested by that spouse. In this case, the services of a solicitor will be needed to determine whether there are, in fact, grounds for divorce.

You do not necessarily need a solicitor  in an uncontested divorce unless you disagree on other issues, such as the division of your property or the levels of maintenance (properly known as 'periodical payments' in England and Wales and 'periodical allowances' in Scotland) to be paid by one spouse to the other, for the benefit of your children under the age of 18 or for the receiving spouse, or both.

Do you have minor children?

The most important issues in divorce are those involving the welfare of any child under 18 (under 16 in Scotland), known as 'minor children'. These issues include child support, parental responsibility and orders regarding where the children live ('residence') and how often they see the parent they don’t live with ('contact'). Because these issues are so important, the court will be concerned that what has been decided is in the best interests of the children. Because the welfare and proper care of your children are paramount, you should ask a solicitor to approve the arrangements concerning your children that you and your spouse have made. An experienced solicitor can guide you to a settlement that the court will approve as being in the best interests of the children.

Do you have property which can be easily divided?

If your divorce consists of nothing more than deciding who gets furniture and the dog, then you and your spouse can easily resolve these questions on your own without a solicitor.

If you own substantial property, you will want to consult a solicitor to make sure that you receive your full entitlement and that the division of property is tax efficient.

Even if the division of your property is likely to be straightforward, you may wish to seek the assistance of a solicitor to ensure that the agreement reached between you and you spouse is recognised by the court as final and not something to be revisited in the future. This is done by setting the terms of your agreement down in a court order which the court will then seal.

Do you or your spouse have connections abroad?

In certain circumstances, a connection with another jurisdiction such as either of you living there, paying tax there, having been born there or owning property there can mean that the divorce proceedings can be brought in that country.This can be advantageous to one of you but disadvantageous to the other. The choice of country where an divorce proceedings are brought can therefore be crucial. If any of these circumstances apply to you therefore it is important that you see a solicitor to ensure you choose the right country for you to issue your divorce.

Do you expect or need future support from your spouse?

If you expect to be financially dependent upon your spouse after the divorce, you may need a solicitor to help you negotiate periodical payments and to make the obligation binding by means of a court order.

You probably do not need a solicitor if:

• you have no minor children;
• your assets are not substantial;
• you and your spouse both want the divorce and agree on the division of property (if there are pension assets that you have agreed to divide, you should consult a solicitor, as they can only be divided after specific court orders have been made);
• you are certain you have proper grounds for divorce;
• you have no connections abroad;
• you are not disputing maintenance or child support.

Even if you need a solicitor for financial matters, you could still save yourself money by conducting the divorce yourself, seeking advice from a solicitor only as necessary and by seeking to agree on matters with your spouse as much as possible.

Law stated as at 1 September 2007.