Do you need a family solicitor?

In England and Wales, couples who intend to divorce do not need to have a solicitor to do so.

Why get a family solicitor?

The imperative word here is ‘need’. You may not need a solicitor to obtain a divorce. You do need to be properly advised on the process and implications of divorce.

Divorce proceedings involve specific legal procedures and paperwork. This can be confusing, and even a minor mistake can set the process back by months. The divorce application must be filled in correctly to ensure there are no delays or cost implications. This can be particularly troublesome if one or both spouses have connections to other countries, raising issues related to jurisdiction and applicable law. A divorce solicitor can guide individuals through the process. With the introduction of joint divorce applications, you can do this together with your spouse.

A family solicitor will assist in negotiating and securing a fair and equitable division of assets. This includes property, pensions, investments, and other financial resources. It can also include matters relating to the family home, other real estate, and personal property. Determining the amount and duration of spousal support, if applicable, requires valuable advice and representation.

However, divorcing your spouse does not automatically cut the financial ties between you. If you do not have a Financial Order approved by a Family Court Judge, your spouse can bring a claim for financial remedy at any time in the future. There is no time limit for bringing a financial claim and there are landmark cases that have been brought 20-30 years after divorce. A financial claim can be made for income, capital and pensions. A divorce solicitor can provide crucial legal advice and explain the rights, responsibilities, and options available to each party at the point of divorce to ensure that they are protected both on divorce and in the future.

Child Arrangements

Divorce applications do not provide provisions for child arrangements. If there are disputes over the living arrangements for children, contact arrangements, or child maintenance payments this may require legal intervention. Therefore, a family solicitor can assist with engaging in mediation and negotiation to reach an agreement over issues and maintain amicable relations between parents. Where agreement is not possible or appropriate, a family solicitor can steer proceedings in Court to obtain a child arrangements order.

When there is a history of abuse or domestic violence, a family solicitor can assist in obtaining restraining orders or protective orders to ensure safety. Obtaining the right kind of protection can ensure the safety of you and your child and provide long term stability.

Life after divorce

The start of a divorce is not the only time you may need a family solicitor. Circumstances can change after you are divorced, such as income levels or living situations. A family lawyer can help with modifying spousal and child maintenance payments, or enforcing court orders.

Whilst simply filing out the divorce application appears to be straight forward, the application alone does not encompass the entirety of what needs to be considered on divorce. A family solicitor can ensure that all necessary legal procedures and requirements are followed, preventing potential complications in the future.

It’s important to consult with an experienced divorce lawyer to understand how they can assist in your unique situation. At Hubbard Pegman and Whitney LLP, we strive on our commitment to providing clear and concise support and advice. If you are in need of a family lawyer, get in touch with us today. Currently, we are offering a free initial telephone consultation with our family team for new enquiries. During this call, we will tell you what we can do next to get started. Call us now for a friendly chat on 020 8735 9770 or  email our family law department at info@hpwsolicitors.co.uk