Last Updated: 27 August 2026 I Reading Time: 6 minutes
Summary
Relationship breakdown can involve much more than simply ending a marriage or separating from a partner. You may also need to make decisions about children, your home, savings, pensions, debts and your future financial position.
A family law solicitor can explain your legal position, help you understand your options and negotiate with your former partner or their solicitor. They can also help you reach a formal agreement or represent you if court proceedings become necessary.
You do not necessarily need a solicitor for every family law matter. However, getting legal advice early can help you understand what you are entitled to and avoid making decisions that could have long-term consequences.
Quick Answer
A family law solicitor can help with divorce, separation, child arrangements, financial settlements, cohabitation disputes and prenuptial or postnuptial agreements. They can explain your rights, negotiate on your behalf, prepare legal documents and represent you in court where necessary. Even where you and your partner are on relatively good terms, legal advice can help make sure an agreement is fair and properly recorded.
In this article
- What does a family law solicitor do?
- Do you need a solicitor to get divorced?
- How a solicitor can help with children
- How a solicitor can help with finances and property
- What happens if you cannot agree?
- When should you speak to a family law solicitor?
- Can you separate without going to court?
- How GLP Solicitors can help
- Frequently asked questions
Key takeaways
- You do not always need a family law solicitor, but legal advice can be valuable when important decisions are involved.
- A solicitor can help with divorce and separation, including the legal process and related issues.
- They can help parents agree where children live and how they spend time with each parent.
- Financial matters can include property, savings, investments, pensions and debts.
- A solicitor can negotiate with your former partner or their solicitor to try to reach an agreement without court proceedings.
- If an agreement is reached, a solicitor can help make sure it is properly documented and, where appropriate, legally binding.
- If court proceedings are necessary, a family law solicitor can prepare your case and represent you.
- Getting advice early can help you understand your position before making important decisions.
What does a family law solicitor do?
A family law solicitor provides legal advice and support when you are dealing with issues involving relationships, separation, children or family finances.
That could mean helping you through a divorce, advising you about arrangements for your children or helping you work out what should happen to your home and finances after a relationship ends.
Importantly, a family solicitor does not necessarily mean that your case will end up in court.
In many situations, a solicitor’s role is to help you understand your options and work towards an agreement with the other person. Government guidance recognises several ways of resolving family disputes outside court, including solicitor negotiation, mediation, collaborative law and arbitration.
Do you need a solicitor to get divorced?
Not necessarily.
You can apply for a divorce yourself in England and Wales. However, the divorce application is only one part of what may need to be dealt with when a marriage ends.
You may also need to resolve:
- What happens to the family home?
- How will savings and other assets be divided?
- What happens to pensions?
- Who will pay which debts?
- How will the children be looked after?
- How will child maintenance be dealt with?
- What happens if one person earns considerably more than the other?
GOV.UK explains that arrangements for children, money and property are separate from the legal process of ending the marriage.
This is one of the main reasons people choose to speak to a family law solicitor even when they are able to complete the divorce application themselves.
Divorce is not the same as sorting out your finances
You might agree between yourselves how to divide your money and property. However, if you want your financial agreement to become legally binding, a court order may be required.
A solicitor can explain what needs to be done and advise you on whether your proposed financial settlement properly deals with your circumstances.
How can a family law solicitor help with children?
For many separating parents, the children are the biggest concern.
You may need to agree:
- Where your children will live.
- When they will spend time with each parent.
- Where they will spend holidays and special occasions.
- How handovers will work.
- How you will communicate about important decisions.
- How particular issues, such as schooling, should be dealt with.
These are generally referred to as child arrangements. You may also hear people use terms such as “child custody” or “child contact”.
Parents can sometimes agree arrangements themselves. A written parenting or child arrangements plan can provide a useful record, although a private plan is not automatically legally binding.
A family law solicitor can help you understand whether your proposed arrangements are workable, negotiate with the other parent and, where appropriate, help turn an agreement into a legally binding arrangement.
What if you cannot agree about your children?
You do not necessarily have to go straight to court.
Mediation and other forms of non-court dispute resolution can sometimes help parents reach an agreement. In many cases, a person who wants to make a court application will usually need to attend a Mediation Information and Assessment Meeting (MIAM) first, although there are exceptions, including certain cases involving domestic abuse or urgency.
If an agreement cannot be reached, a solicitor can advise you about applying to the family court.
The court’s primary consideration when making decisions about children is their welfare and best interests.
How can a family law solicitor help with money and property?
Financial matters can become complicated quickly when a relationship ends.
There may be a family home, other property, savings, investments, pensions, business interests or debts to consider.
It is also possible for the financial position of each person to look very different. For example, one person may have reduced their working hours to care for children while the other has continued working full-time.
A family law solicitor can help you understand the wider financial picture and advise you about the options available.
Financial settlements
A financial settlement aims to resolve financial issues arising from the breakdown of a marriage or civil partnership.
Depending on the circumstances, this could involve:
- Property
- Savings
- Investments
- Pensions
- Debts
- Business interests
- Income
- Maintenance
A solicitor can help you gather the relevant financial information, negotiate with the other side and work towards an appropriate settlement.
They can also advise on whether your agreement should be formalised through a consent order or another appropriate legal arrangement.
What if we agree on everything?
You may be thinking:
“We are being sensible about this. Why would I need a solicitor?”
If you and your former partner have reached an agreement, that is a positive starting point.
However, it is still worth understanding exactly what you are agreeing to.
For example, you may have agreed that one person keeps the house while the other receives a share of the savings. But have you considered pensions? Debts? Future claims? What happens if circumstances change?
A solicitor can review the proposed agreement and explain its legal implications before you commit to it.
This can be particularly important where significant assets or long-term financial consequences are involved.
What if my former partner has a solicitor?
You do not have to have a solicitor simply because your former partner has one.
However, if the other person has legal representation, it can be useful to obtain independent legal advice so that you understand your own position, rather than relying on what the other side tells you.
Your former partner’s solicitor acts for them. They cannot advise you as well.
A solicitor representing you can communicate with the other side, negotiate on your behalf and make sure your interests are properly considered.
Can a family law solicitor keep things out of court?
Often, the aim is to resolve matters without court proceedings where this is appropriate and safe.
Court can be stressful, expensive and time-consuming, so alternatives may be worth exploring.
Depending on the circumstances, options can include:
- Solicitor negotiation
- Mediation
- Collaborative law
- Arbitration
- Other forms of non-court dispute resolution
GOV.UK states that non-court dispute resolution is usually quicker than going to court, although the appropriate option will depend on the circumstances of the case.
A solicitor can help you understand which approach may be suitable.
When should you speak to a family law solicitor?
There is no requirement to wait until you have separated or received divorce papers.
In fact, getting advice early can be helpful.
You may want to speak to a solicitor if:
- You are thinking about separating.
- Your partner has said they want a divorce.
- You are worried about where your children will live.
- You are concerned about your financial position.
- You own a property together.
- You have significant savings, investments or pensions.
- You own or have an interest in a business.
- You have received correspondence from your former partner’s solicitor.
- You have been asked to sign an agreement.
- You are struggling to agree arrangements for your children.
- You are considering a prenuptial or postnuptial agreement.
- You are separating from a partner you live with but are not married to.
You do not need to have everything figured out before speaking to a solicitor.
Sometimes the most useful first step is simply understanding where you stand and what your options are.
What about unmarried couples?
The legal position can be different if you are cohabiting rather than married or in a civil partnership.
There is a common misconception that couples automatically acquire the same rights as married couples after living together for a certain length of time. There is no general concept of a “common law marriage” in England and Wales.
If you separate, issues such as ownership of a property, contributions to the household and arrangements for children may need to be considered separately.
This is another situation where early legal advice can be valuable.
What about prenuptial and postnuptial agreements?
Family law is not only about relationship breakdown.
A family law solicitor can also help couples who are planning for the future.
A prenuptial agreement is an agreement entered into before marriage, while a postnuptial agreement is entered into after marriage.
These agreements can set out how a couple intends to deal with their finances if the relationship later breaks down.
They are not simply about expecting a marriage to fail. For some couples, they provide clarity about financial arrangements and can help avoid uncertainty later.
A solicitor can explain the advantages and limitations of these agreements and advise you on the appropriate legal process.
What happens if court proceedings are necessary?
Sometimes an agreement simply cannot be reached.
If court proceedings become necessary, a family law solicitor can help you understand:
- Which application may be appropriate.
- What evidence may be required.
- What documents need to be prepared.
- What the court process involves.
- What the other side is asking for.
- What your options are at each stage.
For example, where parents cannot agree about arrangements for a child, a court can make a Child Arrangements Order setting out where a child lives and when they spend time with each parent.
A solicitor can also represent you at hearings and communicate with the other side on your behalf.
The important point is that court should generally be viewed as one possible route, rather than the automatic first step.
How GLP Solicitors can help
At GLP Solicitors, our Family Law team can advise on a range of issues arising from relationship breakdown and family life.
This includes:
- Divorce and separation
- Child arrangements
- Financial settlements
- Cohabitation matters
- Prenuptial and postnuptial agreements
Our role is to help you understand the legal position, explain your options clearly and support you through the process.
Where appropriate, we can also help you explore ways of reaching an agreement without going to court.
Every family situation is different, so the right approach will depend on your circumstances, priorities and what you are trying to achieve.
Frequently Asked Questions
No. You can apply for a divorce yourself in England and Wales. However, divorce is only the legal process of ending the marriage. You may still need to deal with finances, property and children. A solicitor can advise you about these separate issues and help you understand whether any agreements should be made legally binding. GOV.UK also recommends getting legal advice if you want help with the divorce process.
It can be. Reaching an agreement can make separation considerably easier, but it is still important to understand what you are agreeing to. A solicitor can review the proposed arrangement, identify issues you may not have considered and explain the legal consequences. This can be particularly important where you own property, have pensions or have other significant financial assets. Legal advice can also help ensure an agreement is properly documented.
Yes. The term “child custody” is commonly used, although the legal term in England and Wales is generally child arrangements. A solicitor can help parents negotiate arrangements covering where children live, when they spend time with each parent and other aspects of their care. If an agreement cannot be reached, a solicitor can advise about applying for an appropriate court order. The child’s welfare is the court’s primary consideration.
Yes. A family solicitor can negotiate with the other person or their solicitor and advise you about alternatives such as mediation or other forms of non-court dispute resolution. GOV.UK lists solicitor negotiation, collaborative law, arbitration, neutral evaluation and mediation among the options available in appropriate circumstances. However, not every dispute can or should be resolved outside court, particularly where there are concerns about safety or domestic abuse.
A family law solicitor can advise you on the divorce process and related issues, including children, finances and property. They can communicate and negotiate with your former partner or their solicitor, prepare legal documents and advise you about agreements. If matters cannot be resolved and court proceedings are required, they can also represent you. The exact support you need will depend on the complexity of your circumstances.
Yes. You do not have to wait until you have formally separated. Speaking to a solicitor before making major decisions can help you understand your legal position and potential options. This may be particularly useful if you are worried about your children, your home, finances or what may happen if you leave the relationship. Early advice can also help you avoid making decisions that could have unintended legal or financial consequences.
Not necessarily, but unmarried couples can have different legal rights from married couples or civil partners. There is no general “common law marriage” in England and Wales. If you own property together, have children or have financial arrangements that need resolving after separation, legal advice can help you understand your position and the options available to you.
There is no single right time. However, it can be sensible to seek advice before signing an agreement, making major financial decisions or starting court proceedings. You may also benefit from advice if your partner has already instructed a solicitor, you are struggling to agree child arrangements or you are considering separation and want to understand what could happen next.
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