Questions to Ask a Divorce Solicitor
Useful if property, pensions, safety, pressure or complex finances are involved. This guide helps you prepare for a divorce solicitor consultation, ask better questions, understand costs and avoid agreeing to something you do not fully understand.
Last updated 2026 · Written for divorce and financial remedy issues in England and Wales.
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A solicitor consultation is easier when you know what to ask. Use this guide to prepare questions about costs, finances, property, pensions, children, safety, pressure and next steps before you instruct a firm.
There is property, pensions, savings, debts, maintenance, a business, overseas assets or a financial agreement to check.
If you are being asked to sign, transfer, sell, pay or accept less than expected, ask what the legal and financial effect is first.
If there is abuse, coercion, pressure, threats or financial control, tell the solicitor early and ask about urgent protection and safe communication.
What is the point of speaking to a divorce solicitor?
A divorce solicitor is not just there to fill in forms. They help you understand your legal position, your options, the risks, the likely cost and the steps needed to protect yourself.
This matters most where there are finances, property, pensions, children, pressure, safety concerns, hidden information or anything you do not fully understand.
The goal of the first consultation is not always to start a fight. Often, it is to find out what is sensible, what is risky, what documents are needed and what route gives you the best chance of resolving things properly.
Prepare the facts before asking for advice.
The better your facts, the better the advice. You do not need every document, but you should be able to explain the basic situation clearly.
Write down the timeline
When you married, when you separated, where you both live, and whether the divorce application has already started.
List the money
Home, savings, pensions, debts, business interests, income, benefits, mortgage, rent and any payments already being made.
Know what you want
Be clear about your main worry. Is it the home, pension, children, safety, cost, speed, fairness or future financial claims?
Questions to ask about solicitor costs.
Cost should be discussed early. You need to know how the firm charges, what is included, what is not included and when the cost could increase.
| Question | Why it matters | What a clear answer should explain |
|---|---|---|
| Do you offer fixed fees or hourly rates?Start with pricing structure. | Some work can be fixed-fee. Complex, disputed or court work is often hourly. | What is fixed, what is hourly, and what would trigger extra cost. |
| What is your hourly rate?Ask who does the work. | A partner, solicitor, trainee or paralegal may charge different rates. | Who will handle your case and how their time is billed. |
| What is the likely total cost range?Not just the first meeting. | A cheap first call does not tell you what the case may cost overall. | A realistic range for simple, medium and disputed scenarios. |
| What is not included?Common source of surprise. | Court fees, barrister fees, pension reports, property valuations or extra drafting may be separate. | A clear list of likely additional costs and when they might arise. |
| How often will I get cost updates?Control the spend. | You should not be left guessing while costs build up. | When estimates are reviewed and whether you approve work before major costs are incurred. |
| What can I do myself to reduce costs?Useful if budget matters. | You may be able to organise documents, prepare summaries and avoid unnecessary emails. | Which tasks you can safely handle and which should be left to the solicitor. |
Do not choose only on the cheapest quote. A low price can be good value if the scope is clear. It can become expensive if important work is excluded or the case becomes disputed.
Questions to ask about the financial settlement.
Divorce ends the marriage. It does not automatically divide money, property, pensions or debts. Ask what financial steps are needed before finalising anything.
| Question | Why to ask | Watch out for |
|---|---|---|
| Do I need a financial order?Consent order, clean break or contested order. | Without a formal financial order, future financial claims may remain possible. | Assuming the divorce application alone protects you financially. |
| Is this agreement fair enough for a court to approve?Where agreement already exists. | The court may need to be satisfied that the agreement is appropriate before approving it. | Agreeing something that looks simple but is heavily one-sided or unclear. |
| What financial disclosure do we need?Knowing the full picture. | You cannot properly assess a settlement if assets, debts or income are unknown. | One person refusing to provide statements, valuations or pension information. |
| What happens to the family home?Sale, transfer or staying put. | The home may involve mortgage consent, transfer of equity, timing, tax and affordability. | Agreeing a transfer without checking mortgage, legal and affordability issues. |
| Should we delay final order until finances are sorted?Timing can matter. | In some cases it may be safer to deal with finances before finalising the divorce. | Rushing final order without understanding the financial consequences, especially around pensions. |
| What if my ex will not disclose assets?Hidden assets or missing information. | A solicitor can explain negotiation, disclosure requests and court options. | Accepting a settlement based only on what your ex says. |
Questions to ask about pensions.
Pensions are easy to overlook because they do not feel like cash today. In many divorces, they are one of the biggest assets.
Do we need pension valuations?
Ask what pension information is needed, whether cash equivalent values are enough, and whether a specialist pension report is needed.
Should there be pension sharing?
Ask whether pension sharing, offsetting or no pension split is realistic in your situation.
What happens if we ignore pensions?
Ask what risk you take by leaving pensions out of the settlement or applying for final order before the pension position is clear.
Do not trade pensions casually
Swapping a pension claim for more equity in a house can be risky unless you understand the long-term value.
Questions to ask if children, pressure or safety are involved.
Child arrangements, safety concerns and coercive behaviour need careful handling. Tell the solicitor early if you feel unsafe, pressured or unable to negotiate freely.
| Question | Why it matters | What to explain to the solicitor |
|---|---|---|
| How should we handle child arrangements?Living arrangements and time with each parent. | Child arrangements are separate from the divorce application. | Current routine, school, childcare, travel, work patterns and any disputes. |
| Is mediation suitable?Not always appropriate. | Mediation can help where safe, but may not be suitable where there is abuse, fear or pressure. | Any threats, controlling behaviour, intimidation, financial control or safeguarding worries. |
| Do I need urgent protection?Safety first. | Protective orders or urgent advice may be needed before negotiation. | Recent incidents, messages, police involvement, injuries, harassment or fear of escalation. |
| Can communication go through solicitors?Useful where contact is stressful or unsafe. | Direct communication may not be sensible in high-conflict or abusive situations. | How your ex contacts you, how often, and whether communication feels safe. |
| Could I qualify for legal aid?Domestic abuse or child protection issues. | Legal aid may be available in some family cases, depending on the issue, evidence and financial eligibility. | Ask the solicitor whether they offer legal aid work or can signpost you. |
Questions about the route.
Questions about the solicitor.
When to pause before agreeing anything.
These situations do not always mean court is needed, but they do mean you should slow down and get proper advice before signing, transferring or accepting a settlement.
Settlement red flags
Ask a solicitor before relying on the agreement.
Service red flags
Be careful before instructing a firm.
Take this checklist to the first appointment.
Use this before the call, during the consultation and afterwards when deciding whether to instruct the solicitor.
What to prepare
Bring the facts. The solicitor can then focus on advice.
What to ask before instructing
Do not leave without these answers.
Before you speak to a divorce solicitor.
Quick answers to common questions about costs, mediation, financial agreements and when legal advice may be needed.
Do I need a solicitor for a simple divorce?
Not always. Some straightforward divorce applications can be handled online. Solicitor advice becomes more important where finances, property, pensions, children, safety, pressure or complex issues are involved.
What should I ask in the first solicitor consultation?
Ask what route fits your case, what the risks are, what documents are needed, what the likely costs are, and what should happen next.
Should I ask about fixed fees?
Yes. Ask whether any part of the work can be fixed-fee, what is excluded, and what happens if the matter becomes disputed or more complex.
Can a solicitor tell me if a financial agreement is fair?
A solicitor can advise on your legal position, the risks of the agreement and whether further financial information may be needed before you agree.
Should I speak to a solicitor before mediation?
It can be useful, especially if you do not know what a fair outcome might look like or if property, pensions, pressure or safety concerns are involved.
What if I cannot afford a solicitor?
Ask about fixed-scope advice, legal aid eligibility, mediation, free guidance, paying for one-off advice, or doing some admin yourself to reduce cost.
Need legal advice? Compare divorce solicitors before you choose.
The nearest or cheapest solicitor is not always the best value. Compare experience, pricing, reviews, response times and whether the firm handles the issue you need help with.