A divorce is not uncommon, and marriages can break down for a variety of reasons. Regardless of why, it is important to understand how the process works and the importance of a solicitor in the process. This article examines the benefits of getting a solicitor in a divorce situation.
Can I get a divorce without a solicitor?
To put it simply, yes. You are not legally required, as either the person issuing or receiving the divorce. You are under no obligation to take legal advice from anyone during a divorce.
This is a simple answer but hides much of the complexity of a divorce process. A solicitor’s job is, in part, to make the process as simple as possible. A divorce is a complex legal and financial action which is likely to have a long-term effect on your finances, so getting it right is very important.
So, you can approach a divorce or respond to one without a solicitor, but it’s strongly advised you get one to secure the best outcome for yourself.
Denying your Divorce
Judges may deny a divorce; if your spouse contents it or avoids the service of divorce papers, or if you fail to provide demonstrating that your marriage has broken down, the judge may refuse the divorce.
If you lack the appropriate legal advice and fail to convey your message properly, even beginning the divorce process can become a serious chore and it can be delayed significantly.
What does a Solicitor Do?
In the simplest terms, a family law or divorce solicitor has the task of fighting for their client to get the best deal out of a divorce while also simplifying the process. Their job is to protect their clients’ interests.
For either the person initiating the divorce (the petitioner) or the person responding to the divorce (the respondent), a divorce solicitor provides several important services.
Primarily a solicitor will complete the wide variety of court forms and documents which are required; court documents which are completed incorrectly will be rejected and this can significantly extend the divorce process. When it comes to a respondent, they also have papers to carry out, and a solicitor will complete these on their behalf. This can save a lot of time and trouble for a respondent, because if these papers aren’t properly completed then they will be returned, and the process extended.
A solicitor,
- Can help obtain a freezing order if you believe your spouse is hiding and attempting to transfer assets to avoid divvying them up
- Deals with all the paperwork involved – one of the most complex parts of a divorce
- Negotiate and mediate on your behalf regarding financial assets, property, and childcare
- Provide advice on assets – another complex part of a divorce and one that is vital to get right
- Provide advice regarding the laws and legislation
We’re Divorcing Amicably – do I need a Solicitor?
There is no situation where you are required a solicitor when it comes to a divorce.
Whether it is amicable or not, you do not legally require a solicitor for any part of the process. At the same time, having a
Even if you are divorcing amicably however, it is important to have expert legal advice. Marriage is a financial and legal contract and when it ends, having expert advice on how to bring it to an end is important. This is because of how many factors there are to consider in a divorce. You’ll need to ask yourself questions like,
- Do you have accurate values for your assets?
- What assets do you own?
- What are you entitled to?
- What will you need?
- Do you have an accurate idea of what your ex’s income is?
- How is going to end up responsible for the mortgage?
This is not to mention questions such as over childcare or the matrimonial home. The more assets you own or the more complex your assets, the more difficult this can become to handle.
Even if you are in full agreement with your partner over a divorce, the actual organisation of it (legally and financially speaking) can prove exceptionally difficult and demanding. So even if you are amicable with your ex-partner, having an experienced legal adviser on hand to help you draw up a deal which is good for you can be invaluable and is always a good step.
Amicable to Acrimonious
Many divorces unfortunately stop being amicable over the complexity of financial matters and childcare and can become acrimonious and your spouse and you may be unable to properly communicate. This is obviously a difficult situation to find yourself in.
In these cases, a solicitor AT oraclelaw.com is a helpful mediator who can communicate with your ex-spouse on your behalf. This is invaluable and can do a massive amount to relieve the difficulty and stress of trying to engage with an uncooperative partner.