Do I Need a Divorce Lawyer if We Agree on Everything?

Author:
Sarah Rose
Family Law and Divorce Solicitor
Date:
07/10/2021

It is important to understand that getting legal advice or instructing a Solicitor does not mean that you’ll end up in Court or that this has to become a source of conflict.

The announcement of Kate Bosworth’s amicable separation from her husband Michael Polish after nearly 8 years of marriage, serves as a reminder that divorce doesn’t always have to be nasty or bitter.

Kate announced in an Instagram post, “Our hearts are full, as we have never been so enamored and deeply grateful for one another as we do in this decision to separate. Together, over the last 10 years, Michael and I have chosen love, every time. We hold hands as tightly today as we entangled fingers on our wedding day.”

We know that every divorce is different and that what works for one person is not necessarily going to work for another. Divorce is not a ‘one size fits all’ process.

If you’re thinking about divorce and you feel that, like Kate and Michael, you and your spouse want to keep things amicable, our Divorce Solicitors can help you.

Do I Need a Lawyer if We Agree in Divorce?

Even if you and your former partner are on friendly terms, you should get advice to avoid the risks of an unfair split of your matrimonial assets or leaving certain assets out of your financial settlement, such as pensions, which are often forgotten.

It’s also important that the terms of any agreement you reach with your ex are recorded in a Financial Order and include a ‘clean break’ clause to cut your financial ties and avoid any future claims. This will give you with security and help you plan for your future.

My colleagues and I work with lots of people who begin their separation on an amicable footing but when it comes down to discussing the division of assets, it can become a difficult conversation for many couples to have.

What one person thinks is fair is not necessarily what the other considers to be fair.

The Court will also have to agree that the division of assets is ‘fair’ before approving any Financial Order placed before them.

Will I Have to Go To Court if I Use a Divorce Lawyer?

Many divorcing couples can achieve a fair settlement through mediation or Solicitor negotiation, which means you can keep your issues outside of Court and we can guide you through this process.

I always tell my clients to remember that ‘knowledge is power’ and getting advice and assistance from a Family Law Solicitor does not mean that your separation has to become nasty.

The key thing to remember is that once the Court approves a Financial Order, it becomes legally binding and unless there has been a significant change in your circumstances, it’s likely that you can’t make any changes to the settlement. So getting expert legal advice before you finalise any of your decisions could be vital.

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