A marriage can break down without much warning. Navigating this process can be difficult – even in situations where a divorce is amicable – because divorce is a complex legal process which requires you to move through several important steps. This includes drafting the agreement to the divvying up of financial assets to managing childcare duties. This is demanding to say the least and can require a huge amount of emotional and mental effort. One major question people ask during these situations is whether they’ll need a divorce solicitor to help.
In this article we’ll look at whether you need a divorce solicitor if your marriage is ending. We’ll look at the problems you may face if you don’t call on one, and we’ll look at the benefits a solicitor offers.
Is a Solicitor legally necessary?
In the strictest sense, no, you do not legally need a solicitor to get divorced. When it comes to an uncontested divorce situation and a couple can reach an amicable agreement on how they should distribute finances and responsibilities for childcare, there will likely not be a need to have a lawyer involved.
However, this isn’t always the case. Arranging the division of finances is not always easy and is often the source of disputes – while childcare is also often contentious. It is also important to note that, even if amicable, divorce is not always an easy process due to the complexity of it. It is possible for mistakes to be made in drawing up the agreement and these can cost you significantly in the future.
When should you look for a divorce solicitor?
As we’ve noted, even if both parties are looking for a quick divorce, it’s far from guaranteed and can be difficult to reach. The potential of going to court (which can become a drawn out and difficult process) is always present. This is something everyone wants to avoid, but given the difficulties involves in drawing up and settling agreements this simply isn’t always possible.
Some of the situations that can make a solicitor necessary include,
- Significant financial assets are at stake and neither party can agree how they are to be divided up – a solicitor is a massive help here
- Children – this is often what makes divorce difficult – deciding childcare duties is often hard and a family solicitor is a major help in settling the matter
- A highly acrimonious divorce in which a couple aren’t speaking will also likely require a solicitor/trained family lawyer to be involved
Sorting out arrangements for children can prove particularly difficult. This is because parents generally do not know what kind of arrangements a court will expect of them. Cases often end up in court because the parents have unrealistic expectations when it comes to childcare.
Finances are another source of serious issues.
Divorcing couples rarely have a solid knowledge of,
- Their entitlement to maintenance
- What should happen to their home
- What claim do they have to their spouses’ pension?
Court cases often develop because of misunderstandings of these factors. Even in the more ‘straightforward’ cases (so there are no children and or neither of the parties wants to make any kind of financial claim at the time) a lawyer can be an invaluable asset.
What does a Divorce Solicitor Do?
Divorce lawyers handle a wide range of services. This includes the handling of paperwork (a major part of any divorce which someone who lacks the proper education will really struggle to do). A divorce lawyer can provide you with invaluable advice on how you can secure the best outcome. They will note potential issues and work to create preventative solutions in any settlement they create.
Even in simple cases a solicitor can provide invaluable assistance. They can explain, in full,
- The divorce process: how it works, and what you will need to know (and what to do) at each stage
- Complete the divorce application, which can be difficult if you don’t know the proper procedures
- What options are available to you – such as dispute resolution – saving you from having to go to court and saving you a huge amount of stress and worry
Divorce solicitors will have extensive experience navigating and negotiating the complex issues related to a divorce and understand the legalities involved. Furthermore, they are not emotionally connected and so offer clear, frank, unbiased and objective advice – which means they will never shy away from describing a realistic outcome. This can help reduce stress significantly – emotions often run high during divorces, and this can make it even harder to manage.
Divorce is often a long, difficult process and the ability to rely on a well-educated, well-versed professional at Oracle Law is invaluable. The agreements that help finalise a divorce can have very long-lasting implications so it’s vital to get them right. As a result, the help of a solicitor is invaluable in these situations.