My divorce: do I really need to involve a solicitor?

It’s a question that we often hear in initial consultations: is it really necessary to instruct a solicitor to get a divorce?

When a marriage is coming to an end, finances can often be stretched, as the money that before only had to support one household, may now have to stretch to the upkeep of two. A solicitor can sometimes seem like an unnecessary expense. Additionally, some people feel that involving solicitors could provoke an already tense and difficult situation, further.

The simple answer is that it is possible to divorce in England and Wales without needing a solicitor. However, there are many advantages to seeking legal advice. As we’ll discuss in this article, an experienced family solicitor could help to ensure that time and money are not wasted unnecessarily.

Family law can be a very complex area of the law

In order to get a divorce, it is necessary to complete paperwork to submit to the courts. Any mistakes on these documents can cause unnecessary delays to your divorce.

In addition, as we’ve discussed in some of our previous blogs  on this subject, it’s also necessary to choose your grounds for divorce, as in England and Wales there is no such thing as a ‘no fault’ divorce. Getting legal advice on this can be invaluable.

Moreover, seeking independent legal advice from an experienced family solicitor is highly advisable, so that you know how the law could apply to your individual circumstances. For example, a good solicitor can advise you on everything from whether you have a legitimate claim for maintenance from your spouse, to any rights you may have to a share of your spouse’s pension. Additionally, your solicitor should be able to advise you about childcare arrangements and what kind of contact you could expect if your child/children are not living with you.

A solicitor should also be able to advise you when expert advice from, for example, an accountant to value a business, is necessary. They can also help you to locate the appropriate professional.

Finally, if there could be an international element to your divorce, this can further complicate things. Seeking advice as quickly as possible in these circumstances, is highly recommended.

An experienced family solicitor could help you to avoid court – but they should also be ready to go to court, if necessary

A skilled solicitor should work with you to negotiate your financial settlement. Through their in-depth knowledge of family law and their wealth of experience of other cases, they should be able to advise you of what you could expect your financial settlement to look like.

Going to court to ask a judge to decide your financial settlement for you, can be time consuming and costly. In most circumstances, this should be viewed as a last resort. However, in some cases, court will be the only option and a good family solicitor should be ready and able to advise you if this is the case.

Seeking independent legal advice from a solicitor regarding your divorce, could help to ensure that the process runs as quickly and smoothly as possible, so that you can move on with your life. An initial consultation with a family solicitor is the ideal time to discuss your options and decide whether you would like to have a family solicitor by your side throughout your divorce.

Contact our expert divorce solicitors for advice

For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.

Our expert divorce solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in our:

Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW

Sheffield Office: Pinfold Street, The Balance, Sheffield, S1 2GU

Manchester Office: King Street, Manchester, M2 4PD

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

London Office: 01 Nothumberland Avenue, Trafalgar Square, London, WC2N 5BW

Please contact us for more details.