Legally there is no requirement for you or your ex-spouse to have a divorce solicitor when ending your marriage – but divorce should be understood as the end of a financial and legal contract (marriage).
And when it comes to the end of a financial and or legal contract, you will want the best legal and financial advice possible. Otherwise, you could find yourself dealing with serious difficulties in the future with your ex-spouse. While you can try and handle this yourself, many people look for expert advice to help them navigate this potentially difficult time.
In this article, we’ll examine the benefits and advantages of getting a divorce lawyer and the pitfalls of not using one.
Can’t I do it myself?
You are under no legal obligation to get a solicitor and you can freely attempt to manage a divorce on your own.
This means you will have to handle all the relevant paperwork, documents, and the division of assets.
Some couples hope to save money by getting a divorce with no lawyer involved.
This is not advised however, because divorces are complex legal and financial arrangements which require you to go through a huge amount of paperwork.
Errors with the paperwork will see it returned to you and force you to do it again – which can prolong the process significantly.
This is not to mention the process of organising finances and assets and ensure everything is in place so that you are not tripped up by issues in the future. There is ultimately no guarantee you will save any amount of money by not going with a solicitor, and there’s even the possibility you will lose money in the long-term by attempting a ‘DIY divorce’.
One of the worst mistakes that can occur is making financial choices with your divorce which results in losses in the future.
Mismanagement of your divorce could cost you seriously and end up being a major issue.
What if both people consent to the divorce?
A common question that is asked is what if both sides in a divorce case consent - do they still require a solicitor?
It’s always preferable to resolve a divorce in amicable matter – especially regarding children and assets being divided up. This is the kind of divorce which involves minimal stress and disruption, but it would be wrong to assume in this case you do not need a solicitor or the kind of expert advice they can offer you regarding financial matters or assets. There are a variety of important issues to consider, and some of the questions you will have to ask include,
- Do I have accurate values for these assets?
- Do you know what you are entitled to?
- Do you know what you will need?
- Do you know what your ex’s income is?
- Do you know who is going to be responsible for any mortgages?
- What assets do we have?
This is not to mention the matter of childcare and responsibilities.
It can be disastrous to attempt to manage this yourself only to realise later, once everything has been set in stone, that you have made a mistake.
This means that even if you are in full agreement with your partner, having the expert advice of a trained and experienced solicitor is invaluable as it will ensure you have a full understanding of what you are engaging with.
What if a disagreement arises? Is an amicable separation possible?
There is also another matter you need to consider – will the divorce remain amicable? When discussing these issues, many divorces become acrimonious and difficult and often the intended ‘clean break’ becomes particularly messy. This is unfortunate, but not uncommon, and it must be prepared for if you are looking to divorce a partner.
It is possible for an amicable separation to occur and for both parties involved to receive a settlement they are happy with but even in these cases having the advice of a specialist in family law is incredibly important. A good family law and divorce solicitor aims to settle things and avoid anything going to court always amicably.
It is important to always get legal advice before agreeing to any terms of a settlement to ensure you understand them – as otherwise you may be agreeing to a deal which is incredible bad for you.
Legal advice can prevent you from having to deal with serious pitfalls and allow you to get the best possible separation.
Other Advantages of a Solicitor
By going with a solicitor at oraclelaw.com, you gain a huge number of benefits,
- Advice and assistance during negotiations and mediation
- All paperwork is dealt with by a professional – reducing any stress or confusion
- If assets are particularly complex, a solicitor can break matters down for you
- The divorce process is organised and handled by a professional who has experience in handling these cases