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.