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If you are looking for a divorce lawyer and have made the tough decision that it is time to end your mortgage, it can be difficult to know where to start.

The initial consultation can be extremely nerve-wracking and doing some pre-meeting research and preparation is essential to making a positive start to your work together.

This blog will tell you exactly what to expect from your first meeting with a divorce lawyer and give you some top tips for how to make your conversation as productive as possible.

Be ready to get personal

In order to give the most effective counsel, your lawyer will need to know all the details relating to your case.

Given the nature of divorce cases, this will mean that you need to be willing to talk about potentially highly sensitive and emotional issues right from the start.

Some of the information that a divorce lawyer is likely to ask for in your first consultation includes your children’s current arrangements, where you live, the state of your finances as a couple and alone, how long you have been married, and what you are looking to get out of divorce proceedings.

They will also need to know what caused the marriage to break down as this information can be crucial to setting realistic goals for the outcome of the case.

Make a list of priorities

In order to represent you in the best possible way, it is important for your lawyer to understand what your priorities are during divorce proceedings.

Financial settlements, children’s living arrangements, and division of assets such as property are all often the focus of divorce cases, and knowing exactly what you want to get out of the separation will allow your lawyer to develop a gameplan focused on achieving your goals.

Be Honest

It is vital that you are honest with your divorce lawyer about the circumstances surrounding your divorce.

Without all the relevant information at hand, it is impossible for a lawyer to act most effectively in your best interests, and they could be blindsided later in proceedings.

Details such as new relationships, finances, and the events that led to the start of divorce proceedings are all factors that could be crucial in deciding the outcome and you need to be completely honest in regard to these particulars.

Although it may be tempting in the heat of the moment, there is no benefit to putting exaggerated blame at the door of your former partner, if the evidence does not support your statement, so stick purely to the facts at all times.

Be Realistic

A divorce is a negotiation process and managing your expectations is key to not being disappointed with the outcome.

If you come into the process expecting to be granted sole custody of the children, all the money in shared accounts, and the house, you are likely to be disappointed so setting realistic goals is vital.

Some of the key facts about the divorce process that you should understand prior to beginning legal proceedings to avoid unrealistic expectations include:

Divorces can take a long time

On average, in the UK, divorces can take up to 9 months to finalise. Even then this is only to formally end the marriage agreement in the eyes of the law, and any specifics concerning children or finances can take much longer to resolve.

Sole Custody is rarely the best option

Family law is focused on making decisions in the best interests of children caught in the middle of a divorce, and when possible, will always look to ensure that they have access to both parents’ post-separation.

Unless there is genuine evidence that your partner is an unfit parent and cannot be trusted to care for their children, it is very unlikely that you will be granted sole custody, and attempting to achieve this outcome is generally a bad idea.

Finances will almost always be split

If you go into a divorce thinking that you won’t have to share any finances or assets with your former partner, you will probably be disappointed.

If you have been married for more any significant period of time it is likely that money and other assets such as property will be considered legally joint and the default point for negotiations will be a 50/50 split.

It may be that in the right circumstances you are able to secure more than this but expecting to retain 100% of your house, pension, or savings is not a realistic approach.

Contact Oracle Law

Oracle Law Family Law is the leading supplier of top quality family law services at fantastic prices for customers across Scotland.

For more information, or to arrange a consultation, call us now on 0141 332 0915, or fill out our contact form.

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Do I need a divorce solicitor? Divorce is a complex and often difficult matter which significant financial and legal implications for your future. Getting the right legal advice is vital, and this is where a divorce solicitor comes into play.

Unlike criminal cases, civil cases don’t provide you with a representative or solicitor and there’s no legal requirement you get one. However, the complexity of divorce cases – especially any with significant matrimonial assets means securing the services of a divorce solicitor is vital.

In this article we’ll discuss when and why you should use a divorce solicitor.

What is a divorce solicitor? Are they a lawyer?

In the UK a lawyer is anyone with the qualifications, not to mention license, to provide legal advice relating to family laws – or acting as a representative for a client. So, a solicitor is a lawyer in this sense.

In what situations should you make use of a divorce solicitor?

If you have significant assets on the line and the divorcing parties can’t come to an agreement on how these should be divided, then it is usually the best option for each party to being instructing a solicitor. This is especially true if one party is financially stronger than the other.

Furthermore, in cases where a divorce is acrimonious, and the spouses are no longer of speaking terms then it is almost always necessary for a trained family solicitor to enter the picture and provide advice. This also goes for a case in which domestic abuse is involved, as injunctions may be necessary to ensure the protection of the party.

If children are involved the need for a solicitor becomes even more important. The complexity of laws regarding children and the expectations over childcare are important to deal with. A lawyer can prove to be a major asset here.

One of the primary advantages of a solicitor is their ability to handle paperwork. Paperwork and documentation are a key part of the divorce process. Errors or mistakes can significantly delay the completion of a divorce.

Other benefits of a divorce lawyer

There are other benefits to hiring a divorce solicitor.

Avoids a stalemate situation

A divorcing couple will often not see eye to eye, and this can result in a very long, drawn out stalemate. Not only is this extremely frustrating but furthermore, it can be costly and prove to be incredibly depressing. Divorce Lawyers can do a huge amount to help to break these kinds of stalemates or prevent them from happening at all in the first place. 

Keeping you objective

Divorces can be messy, emotionally difficult, and often heated. It is important to keep a clear head during a divorce but this can be difficult given the circumstances and because of this having the advice of a solicitor can be invaluable. A solicitor will ensure you have an objective analysis of the situation available, helping to keep you thinking in an objective manner.

Locating hidden assets

If you believe your spouse is attempting to hide financial assets, you are entitled to then a solicitor becomes a necessity. This is not an uncommon tactic in acrimonious divorce situations and can see you unable to access finances that should belong to you.

Guaranteeing your interests are protected

A divorce solicitors’ job to secure the best outcome for their client.  A solicitor will make sure you know full well what your rights are, what kind of problems you may face, and furthermore in the case of an abusive situation can help secure protection. The assistance of a solicitor is vital for securing your interests in a court case.

In many cases by instructing a solicitor you can do a significant amount to secure future finances and save money in the long term.

Avoids a court battle

Going to court should always be the last resort for any legal case. A court battle is demanded emotionally speaking and can prove incredibly exhausting.

A good solicitor will do everything they can to avoid a court battle. A solicitor will work to negotiate an out of court settlement while however preparing the most effective strategy if the case does end up going into a court battle.

When is a divorce solicitor not necessary?

Usually, it will not be necessary to obtain legal advice from a professional solicitor if the following conditions are met,

• The couple has no children together
• The couple has no significant shared financial assets in the case of a marriage breakdown

Even if a divorcing couple cannot agree on how to handle the assets, if they are open to negotiation then measures like mediation can be very helpful in resolving the matter.