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Why do I need a divorce lawyer?

Early legal advice during the divorce process is invaluable. It is never too soon to speak to a solicitor, they can advise you on likely outcomes which will enable you to make informed decisions about your separation. Where both individuals receive early legal advice, it is more likely that they will be able to reach a settlement as they will have a realistic understanding about their legal positions empowering them to make to resolve matters without litigation.

Whilst you can apply for your divorce online without the assistance of a lawyer it is usually worthwhile seeking professional advice about resolving the family finances.

Not obtaining early legal advice in relation to the finances can result in expensive mistakes such as:

  • You setting a precedent for spousal maintenance by paying your ex-partner much more that you should;
  • You agreeing a financial settlement that isn’t in your best interests;
  • Assets being moved, dissipated or hidden;
  • Increase your chances of going to court because you refuse to agree something that you would have agreed if you had understood the legal position.

Even if you have agreed the finances with your ex-partner and are happy with the outcome, it is crucial that you have that agreement formalised by a solicitor into a “consent order”. That will be submitted and approved by the court so that it is legally binding. Without a financial order being made the family finances are not resolved and there is an ongoing risk that your ex-partner could bring a claim against you in the future. It is the financial order, not the divorce order (decree absolute) that brings the financial tie between you to an end.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you. 

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When should I speak to a solicitor about my divorce.

Many people put off speaking to a solicitor because they are worried about the potential cost. Conversely, by speaking to a solicitor at the outset you are more likely to save costs in the long run as well as a lot of stress. The earlier you obtain legal advice about your separation the better. Practical advice about the divorce process and the likely outcomes for you will help you navigate the process with clarity and understanding. In my experience, couples who have both received early legal advice are more likely to reach a settlement and avoid the delay and costs excessive litigation can bring.

It is never too early to speak to a solicitor if you think your relationship is coming to an end. Burying your head in the sand will achieve nothing, facing up to the situation from an informed position will empower you to move forward and make the overall process less stressful. I often speak to people before they have made a definite decision about their relationship, but who want to explore their options and what their reality may look like of they proceed with a divorce.

Your partner or ex-partner need not know you have obtained legal advice if you decide not to proceed with the situation. The interactions you have with a lawyer will be confidential and your lawyer will be used to dealing with clients very discretely.

Just because you speak to a solicitor does not mean your case will end up in court. A good solicitor will seek to achieve the best outcome for you without litigation if possible. They will be able to support you through the mediation process and work with you to achieve an agreed outcome with your ex-partner.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you. 

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