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.