FAQs
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Frequently Asked Questions
Divorce or Separation Agreement
Divorce is an appropriate way forward in the following circumstances when:-
- There are children involved.
- There are allegations of domestic abuse.
- There is a lack of co operation in either party providing financial disclosure.
- A Pension Sharing Order is needed.
- One party (obviously) wants a divorce.
Separation Agreements are usually therefore only appropriate if there is some trust between the parties and it is unlikely that there are going to be ongoing issues in respect of finances or children. Only a Court Order can fully find parties. In an arrangement when a Separation Agreement is entered into, either party may subsequently attempt to change the terms of that agreement in the event of there being a change of circumstances. As the law is developing in this country and attaching more weight to Post Nuptial Agreements, uncertainty that currently exists in respect of finances is when an order is obtained as part of the divorce process.
What are the legal processes of separation and divorce?
The client should always be given advice regarding the various methods of dispute resolution. The traditional method is negotiation and court proceedings. The methods of dispute resolution are Mediation and Collaborative Law. The solicitor will advise you of the appropriate process to use. However, if you are not given these alternatives at the first meeting, then you need to be questioning the advice given to you. This is particularly so since the costs of court proceedings can be considerable both emotionally and financially and the current delays in the court system are such that from the beginning to the end, the court process can last anywhere between 8 months and 2 years.
Other methods of dispute resolution apply whether your case involves finances or children are irrespective of whether or not you require a divorce.
Additional information should be given to you at the first meeting. You should be advised about costs, outcomes, the likely length of your case, the solicitor responsible for your case and before the end of your first meeting you should ideally agree with your solicitor the appropriate course of action suitable to your case. This should also be confirmed in writing by your solicitor irrespective of whether you have made a decision as to how you wish to proceed.
Legal
We aim to provide our clients with clear and concise advice, and we produce a number of standard letters in respect of the various areas of Family Law which will be sent to you during your case. There are also some useful links available on our website to give further information about legal issues arising on divorce and separation. Like any legal firm, our solicitors have differing levels of legal experience. Therefore it is only right that you should be consulted regarding which solicitor is suitable for your case. However, as we work in teams, all our solicitors are supervised and supported on a daily basis. We also regularly review our client's files to ensure that the necessary standards are being maintained.
Additional Support
In many cases, you will need support outside the legal process as such as financial advice and counselling to support the children through the divorce process.