Marriage is ultimately a legal contract and when it ends, it’s vital to get expert information and advice regarding any financial and legal implications that come with it. A solicitor can provide this and more.
In this article we’ll examine the advantages provided by going with a solicitor, and the potential pitfalls of trying to manage a divorce yourself.
When will you need a solicitor – do I need one in the first place?
In the simplest possible terms, you are not required by law to get a solicitor.
You are allowed to go through the process without one and manage the divorce on your own.
This is not advised, and for good reason.
What if both Parties consent?
A common question often asked is “do I need a solicitor if both parties consent?” Again, while not legally required, it remains a major benefit to have the assistance of a legal expert to help navigate the difficulties involved.
Some couples hope that by not using a solicitor they can avoid costs and save money – but this is rarely ever going to be the case. Divorce is a process which requires an extensive amount of paperwork – errors will see papers either returned or issues incorrectly (and making mistakes when it comes to the divvying up of assets can result in serious problems). Having a solicitor do this on your behalf can save a massive amount of time.
There is also the important factor of finances; many divorcing couples do not know the serious requirements behind finances and other assets. If finances aren’t properly organised, you are likely to remain financially tied to your ex-spouse resulting in serious problems in the future.
Disagreements
Even if you both agree initially to a divorce thing can potentially become difficult later – especially given how contentious childcare and financial settlements can be. These are the most common problems linked to divorces. This can easily result in what appeared to be a clean divorce becoming derailed, which is why it’s so important to make sure you have good legal advice involved. This is especially true if you end up having to go to court for a Financial Order.
The General Benefits of a Solicitor
There are some major advantages to be reaped by going with a divorce solicitor,
- A divorce solicitor will always aim to avoid going to court and successfully mediate
- A frank, objective assessment of potential outcomes
- Complex paperwork is handled on your behalf
- Professional advice all the way throughout the process
Situations where a Solicitor is vital
There are specific cases where you are going to need a solicitor.
Your Ex is Uncooperative
Many divorces are not cooperative and end up becoming acrimonious. This can occur for all kinds of reasons, and some divorces begin in a cooperative manner before sliding into a bitter dispute. This is unfortunate but must be expected. In situations where your partner is not communicating with your or refusing to engage with you, the divorce process can become incredibly strained and incredible difficult to organise and become significantly slowed down. A solicitor can be a fantastic option as they can communicate in a clear, concise manner on your behalf.
You want to get the best deal
A solicitor will fight to ensure you get the best possible deal out of a divorce – it’s their job to work to ensure you receive the best outcome. The skills and experience of a solicitor are vital here.
Your assets are complicated
Assets are one of the most complex and difficult parts of a divorce to handle, and often what create serious disputes and difficulties – sometimes turning what would be a simple divorce into a messy one. Some questions you will have to ask include,
- Do you know what you will need?
- Do you need to sell your house?
- What assets there are?
- Who will be responsible for any mortgages?
It’s important to know what you are handling when it comes to your finances and a solicitor can do an incredible amount to help you organise this.
Your Ex is Abusive
Unfortunately, many divorces result from cases of abusive behaviour or involve a partner who is abusive. Attempting to engage with an abusive or threatening ex-partner can be incredibly difficult and stressful, and potentially dangerous. A divorce solicitor can help to keep you safe in these difficult situations.
Your Ex is not disclosing all information when it comes to their assets
Assets are already a complex matter, but if your ex isn’t being honest about them, then you can face even bigger problems – especially if they attempt to transfer assets in the name of other people. A solicitor can help put a stop to this through actions such as a freezing order.
In all these cases, a Divorce Lawyer Clarkston will be an incredible asset and make sure you are able to navigate the situation as smoothly as possible.