Five Reasons Why You Both Need a Divorce Solicitor
There are significant benefits to instructing an experienced Divorce Solicitor to help you get a divorce, and overall it may save you both time, money and stress. Our Divorce Solicitors understand and appreciate the more technical aspects of getting a divorce, whilst shifting some of the emotional burden from you by ensuring that the divorce process is as amicable as possible.
But do both of you need a Divorce Solicitor?
Strictly speaking, no. You are not “required” to instruct a Solicitor, even if your spouse has one. However, it is advisable to get legal advice and to have representation throughout the divorce and financial settlement process.
Five Reasons Why You Both Need a Divorce Solicitor
1. Save Time
The Court will return any forms or applications which are completed incorrectly. This can be incredibly frustrating if you have already been waiting weeks for a response. Furthermore, the Court is unlikely to progress a divorce without receiving all of the relevant information in the correct format.
It can be daunting to complete complicated forms such as the Financial Disclosure form (Form E) or divorce petition without expert legal help. You may feel overwhelmed and as a result ignore Court directions or correspondence.
Even if you have a Divorce Solicitor, they can’t help your former partner to complete any documents. As a result, divorce proceedings could be delayed because they are not sure what they have to do if they don’t have representation. If both of you instruct a Divorce Solicitor, you’ll both make sure you are moving the case forward and complying with any Court Orders.
2. To Avoid Court
Going to Court to let a Judge make a decision over your divorce financial settlement is often an emotionally and financially draining process. It’s in both your interests to reach an agreement about the divorce and financial arrangements without having to go to Court.
If only one of you is represented by a Solicitor, it is less likely that you will agree out of Court. This is because one of you is not being guided. A Divorce Solicitor can provide legal advice along with an objective approach about how to move forward and what the Court might consider fair. This can prevent further arguments and give you a realistic idea of the outcome. In addition, your Divorce Solicitor can give you advice on how to make sure your objectives are met.
3. Make Sure My Best Interests are Considered
Every Divorce Solicitor is looking for the best outcome for their client. If you don’t have a Solicitor but your former partner does, the proposals laid out won’t necessarily be in your best interests. Instructing your own Divorce Solicitor will allow you to protect your interests as your Solicitor can review any proposals you receive and talk you through the implications for you and your family.
Your Divorce Solicitor will also act as a ‘buffer’. They will be the first person to receive any correspondence from the Court and your former partner. This can reduce your stress and means they can filter this information to you so that you clearly understand what is being said.
Instructing an experienced Divorce Solicitor may seem like an additional cost, but they can often save you money in the long term. They are likely to negotiate a better deal for you in relation to your finances and being unrepresented may leave you at a disadvantage.
Getting the right legal advice is crucial. This will allow you to start your new life with peace of mind that you got the best deal for you.
4. Avoid a Stalemate
It can often be the case that a separating couple simply cannot see eye to eye. You can get stuck in the loop of arguing rather than resolving your financial ties sensibly. Instructing a Divorce Solicitor can break the deadlock, particularly if your former partner has emotionally shut down. Often, receipt of a legal letter is all it takes to get things moving after months of being ignored.
5. Find Hidden Information or Assets
Your spouse may attempt to hide assets if they don’t want to share them with you. If they don’t fully disclose their financial assets, an unfair settlement offer may be made which doesn’t fully reflect all you are entitled to.
Divorce Solicitors are experienced in tracing financial assets and considering ways assets may be hidden or moved. Instructing a Divorce Solicitor makes sure that you have an expert fighting in your corner and raising potentially suspicious actions which you may not notice.
At Simpson Millar, our Divorce Solicitors have extensive experience dealing with challenging and difficult relationship breakdowns. We work hard to resolve disputes efficiently and amicably. We understand that going through a divorce can be emotionally demanding and more often than not that emotions can get in the way of making rational choices.
Speak to one of our expert Divorce Solicitors to find out more about how we can help you get a divorce.
For initial legal advice call our Family Law and Divorce Solicitors
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