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What do I need to consider before getting a divorce?

It’s a huge help when you’re getting a divorce to understand your rights. You may feel that you and your spouse could administer the divorce proceedings yourselves and in England and Wales the law does allow you to do this. Most people see this as a way to save money by not paying solicitors.

However, by not getting legal advice as to your rights and what you could expect your divorce settlement to look like, it could actually end up costing you more money.

With specialist legal advice you are able to effectively negotiate with your partner, whether you choose to negotiate the terms between yourselves or involve a mediator. This can help to make you feel more confident and in control in what is an emotional and unsettling time. Even if you choose not to take the advice you received from a solicitor it will give you a better understanding of, for example, what you are entitled to with regards to maintenance payments. Administering a divorce entirely alone and without the advice of a solicitor can also result in problems in years to come if finances haven’t been settled properly.

If you or your spouse are high net worth individuals with complex finances then legal advice is even more important, so that you get the settlement that you’re entitled to.


What about the legal side of things?

Having a meeting with a specialist solicitor at the start of your divorce can actually help to put your mind at rest. A good solicitor will listen to you and answer any questions you have about the divorce process in general or any worries about your divorce specifically. Armed with this knowledge, you should feel more confident about the future and what the divorce settlement could look like.

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If you can negotiate either directly with your partner with or without a mediator or solicitors involved and you can come to an agreement that is satisfactory for the both of you, then there should be no need to go to court to decide your finances. A good solicitor will never pressure you into this if this is not what you want.

You could have a preliminary meeting with an experienced solicitor at Austin Kemp with no pressure to use us for the whole process if you don’t feel it is necessary. A good solicitor will provide you with solid advice but let you make up your own mind as to how you want to proceed. You and your spouse are in control of the process and it’s up to you to tell your solicitors how you want things to proceed.

For more information on this subject please visit our Legal Library.


Contact us to see how we can help you with your divorce

For more information on your options call our team on 0845 862 5001 or email

We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in London WC2N 4JF and Manchester M2 4PD. Please contact us for more details.

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