Can I Change My Divorce Solicitor?

Changing Your Divorce Solicitor: A Comprehensive Guide

Going through a divorce is a challenging time, and having the right legal support is crucial. But what happens if you find yourself dissatisfied with your current divorce solicitor? The good news is that you absolutely can change your legal representation at any stage of the process in the UK. This is a common and often necessary step to ensure your needs are met and your case progresses effectively.

Why Consider a Change?

There are several compelling reasons why individuals choose to switch divorce solicitors:

• Poor Communication: A lack of prompt responses, unreturned calls or emails, and insufficient updates can leave you feeling isolated and uninformed.
• Loss of Confidence or Differing Strategies: You might disagree with your solicitor’s approach, feel your case isn’t being prioritised, or simply lose trust in their ability to achieve your desired outcome.
• Subpar Client Care: Divorce is an emotional journey. You need a solicitor who is not only legally competent but also empathetic, understanding, and supportive.
• Cost Concerns: Unclear billing, perceived overcharging, or a lack of transparency regarding fees can be a significant point of contention.
• Stagnant Progress: If your case seems to be stalling or not moving forward efficiently, it might be time to seek a more proactive solicitor.
• Need for Specialised Expertise: For complex family law matters, you may realise you require a solicitor with more specific experience in areas relevant to your situation.

Steps to Changing Your Divorce Solicitor

The process of switching solicitors is straightforward, though it requires careful execution:

1. Find Your New Solicitor: Begin by researching and seeking recommendations for a new solicitor who aligns better with your expectations and case requirements. Many firms offer free initial consultations, which are invaluable for assessing compatibility.
2. Review Your Current Agreement: Carefully examine the retainer agreement you have with your existing solicitor. Pay close attention to clauses regarding termination, notice periods, potential termination fees, and any outstanding payments.
3. Consult with the New Solicitor: Share all relevant details and documentation regarding your case with your prospective new solicitor. Ensure they fully grasp your objectives and can effectively represent your interests.
4. Formally Notify Your Current Solicitor: Inform your current solicitor in writing of your decision to terminate their services. Request a final, itemised invoice for any outstanding fees or expenses. Typically, these outstanding amounts will need to be settled before your case files are released.
5. Arrange for File Transfer: Your new solicitor will usually take the lead in coordinating with your previous solicitor to arrange the secure transfer of your entire case file. This process is often streamlined electronically.
6. Sign the New Retainer Agreement: Once you’re ready to proceed, thoroughly review and sign the new retainer agreement with your chosen solicitor, ensuring you understand their terms, fee structure, and payment schedule.
7. Inform Relevant Parties (If Applicable): If your divorce proceedings are already underway in court, your new solicitor will file a “notice of change” with the court. They will also notify your ex-spouse’s solicitor (or your ex-spouse directly if they are unrepresented) of the change in legal representation.

Important Considerations Before You Switch

• Potential Additional Costs: Be prepared for some additional expenses. Your new solicitor will need to spend time reviewing your existing file to get fully up to speed, often referred to as “reading in” costs. Always ask for an estimate of these charges upfront.
• Timing: While you have the right to change solicitors at any point, consider the current stage of your case. If a court hearing is imminent, it might be more strategic to discuss with your new solicitor whether it’s best to complete that hearing before making the transition for a smoother handover.
• Outstanding Fees and Solicitor’s Lien: Be aware that your current solicitor may exercise a “lien” over your file. This means they can legally retain your file until any outstanding fees are paid. In some cases, your new solicitor may be able to provide an undertaking to pay these fees once the case concludes.
• Maintain Communication: Throughout the transition period, clear and open communication with both your current and new solicitors is vital to ensure a seamless handover of your case.

Ultimately, your confidence in your legal representation is paramount during the divorce process. If you find yourself unhappy with your current solicitor, exploring a change is not only your right but often a sensible step towards achieving a more positive outcome for your future.

Article dated: 18/08/2025

Amanda Page Senior Family Law Solicitor

Amanda is our Senior Supervisory Solicitor.  She deals with a wide variety of Family Law matters, although her passion is within Children Law.  Disputes concerning children can be extremely distressing for those involved.  Amanda has an empathic approach and will provide her clients with clear constructive advice, achieving the best possible outcome for them.  The best interest of the child will always be at the forefront of her mind.

Amanda has over 40 years’ experience within the legal sector and qualified as a Solicitor in 1985.  She has a BA in Social Sciences and completed the Law Society Final Examinations.

Amanda was the Co-ordinator/Trustee of the Derby Child Contact Centre for 21 years and is a Trustee of Behcets UK and a charitable Director of Behcets Patient Centres.