solicitor Archives - Stephanie Dew Law

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How do I choose a divorce lawyer?

Choosing the right solicitor for your case is absolutely crucial. Divorce is a stressful and expensive experience and you need to ensure that you have a solicitor who provides sound legal advice and will be supportive throughout the process.

Cost will be a major consideration when deciding who you want to work with. Legal fees are expensive and charges will vary depending on the solicitor’s experience and location. Whilst some providers offer a fixed fee for undertaking straightforward elements of the case (like preparing the divorce application), most contentious work is charged for at the solicitor’s hourly rate and the amount of time it takes them.

Whilst cost is a big consideration, you should not just be lead by price alone but find the person who is the right fit for your case.

If your divorce is complicated you should consider working with a more senior solicitor, someone who is more experienced. Although their hourly rate will be higher than a more junior solicitor their experience means that they will take a strong lead on your case with less chances of delays and problems occurring.

If you have a straightforward matter you probably don’t need to instruct a solicitor with 20+ years experience and the matching hefty hourly rate.

It is not uncommon for clients to feel extremely angry and hurt when they first instruct their solicitor. Often they are furious and with their ex-partner and want to “make them pay” or “take them to the cleaners”. It is rare that conducting a case in such a way will benefit you, whilst you may get some early satisfaction at the outset conducting the matter in such a way, it is usually much better overall to resolve the separation as quickly and painlessly as possible with minimal costs. Finding a solicitor who you can trust to explain your options and guide you through that process is crucial.

When choosing your solicitor it is really important that you build a good rapport with them. Make sure when you first meet them or speak to them that you feel comfortable with them or you may find it difficult to work with them going forward. You will have to share a lot of personal information with this person and there may be some really difficult conversations along the way so having a good working relationship is crucial.

It is worth investing some time to find the right solicitor for you at the outset of your matter. If you have doubts, speak to another solicitor and see if they feel like a better fit. It can be expensive to change solicitors during the divorce process so it is best to make sure you have the right person from the beginning. A lot of solicitors offer a reduced fee or a free initial meeting or telephone call. You can usually tell quite quickly when speaking to someone if you think you will be able to work with them. They will also want to ascertain that you are the right client for them and make sure they can help you.

Remember the role of your solicitor is to provide you with legal advice, to explain your rights and obligations and guide you through that process. In most cases you will also benefit from support from a counsellor and of course also from your friends and family. Divorce is a traumatic and stressful life event. Consider using a trained counsellor help you work through the emotional side of things and support you with issues you may have with your ex-partner such as anger or mistrust. Make sure you are only paying your solicitor for their legal expertise and that you are seeking emotional support from others.

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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Can I have a no-fault divorce?

Yes – Divorce law in England and Wales was radically transformed in April 2022 bringing in a new system where no blame is assigned to either party, hence the name “no-fault divorce”.

You can get divorced in England and Wales if all of the following are true:

You’ve been married or in a civil partnership for more than one year
Your relationship has permanently broken down
Your marriage or civil partnership is recognised legally in the UK (including same-sex marriage)
England or Wales is the permanent home for at least one of you.

What grounds are needed for a no-fault divorce?

The new no-fault divorce removes the need to provide evidence of conduct or separation, this is replaced with a simple requirement to give a statement of irretrievable breakdown of the marriage or civil partnership.

My ex-partner cheated on me can I divorce them for their adultery?

No, the no-fault divorce system no longer allows adultery to be used as the reason for the divorce. Similarly you can no longer use your ex-partner’s bad behaviour as the reason for the divorce. Extreme behaviour may however be relevant if there are separate court proceedings in relation to children or finances.

How long will a joint application for divorce take?

A joint application will take a minimum of 7 months. This includes a compulsory 20 week “reflection period” between the start of the proceedings and when you can apply for the conditional order. There is another 6 week waiting period between the conditional order and when you can apply for the final order.

I have set out the detailed proceed for applying for a divorce in a separate blog.

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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.

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What are my common law marriage rights?

None!

This is one of the biggest family law myths in England and Wales, common law marriage does not exist in this jurisdiction.

Unless you are married or in a civil partnership, legally, with a certificate to prove it, you will not benefit from the statutory protection divorce law offers divorcing couples.

Cohabiting couple families are the fastest growing family type in the UK, however as a family lawyer, I have real concerns about the lack of statutory protection available for these families when relationships end. Divorce law gives the family court the power to redistribute assets in accordance with fairness and each party’s financial need, however, cohabitant’s have none of this protection.

Legal Remedies for Cohabiting Couples

The law for unmarried couples is messy. There are some remedies available, however, they were not drafted with families in mind and are far from ideal.

Family Home

If you are purchasing a property with your partner you should do so following advice from a solicitor which reflects each of your legal interest in the property. Cohabitation agreements and declarations of trust in relation to properties and assets are something you should consider.

If you do not however own the family home jointly with your partner, it instead being legally owned by your partner, you may be able to to make an application under the Trusts of Land and Appointment of Trustees Act 1996, the burden will be on your to establish that there was a “common intention” that you should have a “beneficial interest” in the property and that you relied upon that common intention to your prejudice. This area of law is complex and it can be expensive to pursue a claim.

Child Maintenance

For couples with children the person caring for the children can make an application to the Child Maintenance Service for child maintenance. This maintenance is however only for the children, most people are surprised at the low level of maintenance required and it is not intended to provide for the carer. It is possible in some cases to seek further financial support for children under Schedule 1 of the Children Act 1989 depending on the wealth of your partner and if you think this may apply to your matter you should seek legal advice as you may be entitled to remain in the family home and receive periodical payments including a carer’s allowance.

Further disputes about money and assets are most likely to be considered a contractual dispute and would be dealt with under civil rather than matrimonial law.

What Should Cohabiting Couples Do?

Talk about your finances and what you will do if your relationship ends. If you do not intend to get married or enter into a civil partnership consider entering into a cohabitation agreement. I know it is not romantic, however many of the day to day practicalities of living with someone aren’t and your relationship may benefit from some advance planning on how you intend to handle the day to day responsibilities of living together. You can set out your intentions, who will pay for what, who will buy what and what the plan is if you were to have a baby. You can also set out a plan to set out how you would divide up your finances should your relationship end. A little legal advice and planning at an early stage could save a lot of stress, anxiety, time and legal costs if your relationship ends.

Pensions are also a crucial consideration. Unlike married couples who usually automatically benefit under their spouses bill, partners will need to be nominated in order to be eligible for any death in service benefits.

Lastly, it is really important that you have an up to date will. If you aren’t married and your partner doesn’t have a will you have no rights to their estate. There may be some protection offered under the Inheritance Act (Provision for Family and Dependents) Act 1975, but that will be dependent on your circumstances and will require an application to the court. It will be much more straightforward if there is a valid will in place making appropriate provision.