A divorce is a very difficult time for any couple to go through, no matter how strong they are. For anyone considering divorce or separation who has sizable assets and investments, using a divorce solicitor is a must. That is often clearly understood. However, even with more modest assets, using a specialist divorce solicitor is crucial in achieving a more secure, fair and smooth divorce process.
Can I Get a Divorce Without a Solicitor?
There is no requirement to use a solicitor if you want to divorce, but using a specialist divorce solicitor is vital to make the process more secure, fairer and smoother.
Divorce is always difficult, but creating blame or pointing fingers can increase the conflict between the parties and make it more difficult to sort out child and financial arrangements. There is a large body of evidence demonstrating that conflict can have serious long-term effects on children.
At Newtons, our family solicitors are committed to reducing conflict by agreeing to a non-confrontational way of working within the law that puts the best interests of the children first and reduces tension. For anyone considering divorce or separation, we can help you achieve a fairer, more secure and speedier divorce process.
Talk about your options with a specialist family law solicitor today.
Benefits of Using a Solicitor for Divorce
Whilst you do not always need a solicitor for a divorce, the advantages are plentiful:
- More secure
As a couple, you may have agreed on how your finances are to be split, but unless you have properly drawn up this agreement, any decision will not be binding. Either party could later change their mind.
A solicitor will ensure that any financial settlement is put in a binding and enforceable document, giving you peace of mind and helping you plan for the future. Learn more about financial settlements after divorce.
- Fairer
As we’ve mentioned, when a couple separates, they have to sort out the finances. An experienced solicitor will be able to tell you what you should expect to receive. If you do not seek specialist legal advice, you may not realise what the law entitles you to have. People who do not use solicitors often agree to an unfair finance settlement that they would not have accepted if they had sought proper advice.
- Smoother
Most people thinking about divorce don’t know where to start. Indeed, the Court returns many divorce petitions because they have been completed incorrectly or documents are missing.
At Newtons, we deal with divorces day in, day out and know the process well. Having us on your side will take away much of the stress; after all, divorce is one of the most stressful events in life. Going through the process with somebody you can trust helps to reduce tension and makes the whole process quicker and easier.
Stages of Divorce Where You May Need a Solicitor
Although you don’t technically need a solicitor for a divorce, there are various stages of divorce which may prove tricky without professional assistance.
- Initial decision
The first step in divorce is coming to terms with the decision. Some parties may seek emotional support through counselling or advice from loved ones, while others may seek legal advice to understand their rights and options for moving forwards.
- Legal Proceedings
Once a party files for divorce, the other party may raise a dispute regarding issues surrounding assets and child arrangements. This can often go to Court.
A solicitor can help offer the necessary legal advice for child custody and financial agreements. Regarding children in divorce, you may settle the following matters in a shared parenting agreement:
- Custody and visitation
- Child support
- Parental responsibility
- Other matters such as relocation and surname changes
For financial arrangements, you may discuss:
- Property ownership and division
- Shared debt division
- Spousal support
- Any other assets, including inheritance
Each couple’s specific circumstances will determine the concluding child and financial arrangements.
- Finalising the divorce
If parties are able to reach a settlement amicably, the divorce can be finalised without needing to go to Court. This usually involves the parties signing an agreement, which the Court can then approve. However, if the parties are not able to agree on certain matters, a Court judge will make the final decision based on all the relevant factors.
In the video below, expert solicitor Catherine Gatenby discusses family law, separation, and divorce.
Is It Easy to Divorce with a No-Fault Divorce?
Online divorces and no-blame divorces have certainly eased the process of divorce, making it more possible to divorce than ever.
No-fault or no-blame divorces refer to a newly introduced process whereby one or both parties can apply for a divorce without giving a reason for it, other than the irretrievable breakdown of the relationship. This means parting couples no longer have to wait to be separated for two or five years before getting the go-ahead for proceedings. Perhaps most importantly, the parties do not have to place blame on someone, which can make the process a lot smoother and more amicable – especially if children are involved.
A joint application can ensure each party maintains equal control, and this can speed up the process significantly. So, whilst a no-blame divorce can certainly reduce a couple’s reliance on a solicitor, they may still seek legal assistance depending on how amicable the relationship is.
You can also reduce friction in the process by engaging with mediation.
Common Mistakes Couples Make in Divorce
Whether or not the divorce or reasons for the divorce are agreed, a person’s judgment can be clouded due to high emotions, leading to problems.
The following common mistakes have seen many parties to a divorce wishing they had instructed a solicitor who can provide informed, sound and non-emotive advice.
1. Family home
Due to emotional attachment, a party may push to stay in the family home without fully understanding the running costs and general expenditure. Only in exceptional circumstances will the other non-residing party be required to contribute towards the expenditure. In some cases, it may be more suitable to consider purchasing a small property but taking a larger proportion of the sale proceeds.
2. Assets
Some parties feel that obtaining some of the main assets, such as the car or furniture, is “winning” and achieving the upper hand. It is, however, worth remembering that such assets will depreciate in value, unlike the equivalent value of these assets in cash.
Assets can be divided differently by Court, depending on whether you are in England, Scotland, Wales, or elsewhere in the UK. Learn how long after divorce you can claim assets for more information.
3. Failure to provide financial disclosure
Whilst some parties are adamant that they know each other’s financial positions unequivocally, others are not so sure yet still proceed to a final agreement without requesting disclosure. There is always the chance that the other party has a bank/savings account that is unknown.
4. Joint accounts
Parties sometimes delay in closing their joint bank accounts. Whilst continual use can be helpful and can save changing the direct debits until a financial agreement is reached, it is important to note that as joint owner, any overdrafts or debts on the account are jointly liable.
5. Failure to formalise financial arrangements
It is extremely important that any financial agreement is incorporated into a final financial order, known as a Consent Order. This is a binding document which will be approved by the Courts and signed by all parties. Failure to do this could result in the divorced partner being able to make claims on assets acquired after the divorce.
A solicitor can offer you advice to avoid any of the above.
Get in Touch with a Divorce Solicitor
There can be all sorts of bumps in the road if you don’t know what you are doing, such as incorrectly completed divorce petitions. A solicitor will take away much of the stress when going through one of the most stressful things in life.
If you’re facing a separation, talk to Newtons for legal advice. Our divorce and separation team will help you through the process and provide a point of contact for any issues that may arise. Contact us today to start a conversation about your requirements regarding our divorce and family law services.