Some would question whether a solicitor is necessary when going through a divorce. It is not a legal requirement but it is advisable. How important using a solicitor is will depend partly on the nature of the divorce proceedings. For example, it is more important in a contested divorce than an uncontested one.
One reason why you might deem it necessary to hire a divorce solicitor is that you ex-spouse might have done. This may give them an advantage over you. Ideally couples separate amicably, and some do, however many are unable to. A divorce is often fraught with high strung emotions and it is not always easy for the two sides to put aside their differences. Therefore you don’t want you ex-spouse to have an advantage. Many divorces end up going to court, and if you find yourself in this situation then a solicitor is definitely advisable.
When going thorough divorce proceedings much depends on the personal situations of the former couple. If they owned a home together then this complicates things. It will have to be decided who should get the home and whether or not this person should compensate the other party. It may be deemed the home should be sold, and if so it will need to be established how the profits from the sale are distributed; should it be split down the middle or should one party be given more than the other. If one half of the former couple worked and other did not then the one who did may have to pay a significant amount of their income to their ex-spouse, or pay them a one-off payment. How finances should be split in general must also be established, as must anything else owned between the two. A solicitor can help to get the best possible outcome in all areas.
If there are children involved things can be much more complex. This can be the major concern. Having a good solicitor can therefore become even more important. The most complex, and heartbreaking, situation is if the former couple are fighting over custody of their children. Sometimes children will live with their divorced parents half of the time each, but in most cases one or the other will be given primary custody. When this is the case it will need to be established how often the other parents will see the children, and a legal agreement will need to be established. It is likely that parties would like to see their children as much as possible and a solicitor can put across the best case possible. Child support can be another issue; with the parent not living with the children full-time possible required to pay maintenance to help the other parent bring them up.
How facts are put across can be very important. You want to be understood as you intent. Solicitors know how to help you with this and can advise you on how to express yourself. The way things are phrased can make a big difference. Saying the wrong things can mean the other side and the judge misinterprets you. In some ways like this, a solicitor is also an advisor. The opposing solicitor might try to put pressure on you to answer a question in a way you don’t intend and incriminate you. If this is the case your solicitor will protect you and object to this.
Possibly the main reason why you should use a solicitor is that they have the knowledge that you don’t. They know your rights in certain situations and can make sure you get what you deserve after the divorce. They know the law and how to use it to protect and help their clients. It is important to use a family law solicitor as they know this particular field and have the specific experience necessary to help. There is no point using a criminal solicitor or banking lawyer for a divorce.
Andrew Marshall (c)
SKS Law - Divorce Solicitors London
Steel & Shamash Family Law London
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