Going through a divorce is not easy, even if both parties agree to separate and the break-up is amicable.
The introduction of no-fault divorce in April 2022 under the Divorce, Dissolution and Separation Act 2020 (Divorce Act 2020) made the divorce process itself less adversarial.
However, untangling your life from that of an ex-partner can be complicated, and attempts to reach agreement with an ex-spouse about arrangements for children, property and finances may ignite flashpoints between divorcing couples.
An experienced divorce law solicitor can help. Enlisting the assistance of a family lawyer with experience in divorce at an early stage in proceedings can help divorcing couples save time, money and stress.
In this blog, our specialist Family Lawyers consider four ways a solicitor can help with a divorce.
1. Managing communications.
Being able to communicate effectively with an ex-spouse is crucial when you are going through a divorce. You will need to discuss various significant issues and address potentially inflammatory questions, such as: Who keeps the family home? Who will the children live with? How will we divide our assets?
Agreement is only reached by talking and negotiation. However, communicating with an ex-partner is often difficult and, at a time when communication is key, it can be easy for conversations to break down.
Having an experienced professional liaise with your partner removes the emotion from the situation and increases the likelihood of reaching an agreement.
A solicitor can help keep the channels of communication open in various ways depending on your circumstances. For example, your solicitor can negotiate directly with your ex-partner on your behalf or with your ex-partner’s lawyers.
2. Helping you reach an agreement.
A solicitor can help you decide how you wish to proceed, recommending mediation or arbitration where it might be useful to try to reach agreement or by representing your interests in court.
Most divorcing couples struggle to reach agreement between themselves on arrangements for their children, property and finances.
If you are finding it difficult, a solicitor can help, either by assisting with the negotiations themselves or advising on whether mediation would be appropriate.
Family mediation is a form of alternative dispute resolution (ADR) that helps families work out their issues without having to go to court. Separating couples sit down – either separately or together – with a neutral, professionally trained, independent third-party (a mediator) to help them reach agreement on the various arrangements that need to be made following the breakdown of a relationship.
Family mediation is cheaper and faster and can be more effective than going to court. A solicitor will be able to tell you more about what the process involves and put you in touch with local family mediators.
Read more about how mediation helps in family disputes in our previous blog by clicking here.
3. Securing your financial future.
The first step towards working out ’who gets what’ is establishing what both of you have.
Property, pensions, income, savings, mortgages and loans must all be taken into consideration when agreeing on a financial settlement, and it is crucial to agree on arrangements that both parties consider ‘fair’.
However, ‘fair’ isn’t always a 50/50 split and reaching a consensus as to how assets are divided can be complicated.
An experienced family law solicitor can help. A divorce solicitor will guide you through the financial disclosure process that is applicable to both parties, ensuring your best interests are protected.
A specialist divorce lawyer will also be able to advise you on what is considered ‘fair’ and draft a financial consent order that safeguards your finances from any future claims.
4. Taking care of all the paperwork.
A lot of paperwork is involved in a divorce – the application alone is 15 pages long – and the forms can be complex and confusing.
There are various forms that need to be completed, also documentation that needs to be provided at various stages of the process. This includes the paperwork that must be filed in relation to your financial settlement and any arrangements for the children.
Some of the forms you need to complete as part of divorce proceedings include:
- Form D8: Divorce application. This form sets out the details of who is getting divorced and asks about any children involved.
- Form D10: Acknowledgement of service. If your spouse has applied for a divorce, you will be sent Form D10 to complete along with a copy of the divorce application.
- Form D84: Application for a conditional order (formerly known as a decree nisi). This form needs to be completed after the 20-week cooling-off period to ask for a conditional order to be granted.
- Form D36: Application for a final order (formerly known as a decree absolute). Six weeks after the conditional order has been granted, this form is used to apply for the final order which legally ends your marriage.
A solicitor will help you complete all the various paperwork, meaning you can concentrate on taking care of yourself and your children.
Divorce Solicitors Blackheath
At Beverley Morris & Co. Solicitors, we understand the sensitivities of family law matters and offer a sympathetic, practical and personal approach.
Our specialist family law solicitors will ensure that you are provided with caring, confidential advice, tailored to your unique legal matter.
Our divorce law team has significant experience in representing clients throughout the process of a divorce or civil partnership dissolution. They can also advise on cohabitation disputes or help couples who are going through a separation.
Our family law lawyers have wide-ranging experience in all child-related issues and can assist in respect of contact and residence issues between parents, also child abduction cases, adoption and other care matters involving the local authority.
For more information about our Family Law services or to speak to one of our Family Law solicitors, call 020 8852 4433, email familylaw@beverleymorris.co.uk or click here to make an online enquiry.