Getting a divorce?
Getting a divorce can be a complex process, especially if you are unsure on what grounds you can petition for divorce and the total procedure involved. It is important to gain advice from a divorce solicitor from the outset, who can discuss all the legal options with you and support you throughout the process.
How can a divorce solicitor help me?
If you are thinking about getting a divorce then a divorce solicitor can also advise you on ancillary matters. Without proper legal guidance it is often found that some matters can be overlooked during a divorce, meaning you may lose out on something which you are entitled to by law.
Financial settlements in a divorce are rarely as straightforward as a 50:50 split, and having a solicitor to negotiate a financial settlement on your behalf can be a real advantage.
Pensions are an example of a financial asset which could be overlooked during a financial settlement without the appropriate legal advice. It is part of the ‘pot’ of assets that the court will look to divide justly and equitably between spouses. The court can treat a pension in several ways:
- For example, a pension could be used to balance against another asset such as matrimonial property in a settlement, this is known as ‘pension offsetting’
It is in situations such as this that a specialist solicitor’s expertise can prove invaluable.
Going to court, or mediation
It is always best if you are your partner can agree on the application for a divorce and on related matters regarding property and children. If you and your spouse are having a hard time agreeing on matters, you could try negotiation and mediation.
Your solicitor can negotiate on your behalf with your partner’s solicitor if it is too difficult to do so between yourselves. You should always remember that the amount of money you spend on solicitor’s fees and other costs in litigation will come out of what assets you could ultimately split between yourselves.
If negotiation fails, you could try mediation. Mediation is:
- Less aggressive
- Less time consuming
- Allows a couple to come together face-to-face to discuss their issues in an open and honest environment
An impartial third-party mediator will be present to guide the discussion, promote positive communication and suggest ways in which an agreement could be reached. As the mediator will never tell either party what to do, it is the couple themselves that are in control of the process and outcome.
If you think that divorce litigation will be necessary, then getting the help of a specialist divorce solicitor is crucial. A solicitor will be able to manage your case and use their expert knowledge and negotiation skills to resolve the issue. If the matter ends up in court, a divorce solicitor can represent you.
For more information on how a divorce lawyer can help you, see our guidance page on divorce lawyers.
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