Do I need a solicitor to deal with my Divorce?

If you find yourself in the situation where your marriage breaks down and both parties agree to divorce either of you can start the divorce process.

Whilst you don’t have to instruct a Solicitor to handle the divorce it will ensure the process is completed correctly, efficiently and it will be less stressful for you. A good solicitor will make the process easier rather than any more difficult.

Never underestimate the stress, anxiety and pain that can arise during the divorce process. Emotions are often heightened and arrangements agreed amicably at the outset can often unravel as the process goes on without expert help.

What happens when the divorce process starts?

Whilst the Government is bringing in the introduction of no fault divorces from April 2022, at present there are five options for issuing a divorce.

These are adultery, unreasonable behaviour, 2 years desertion, 2 years separation with the consent of your spouse or 5 years separation.

It is vital at the outset to choose the right option and for the paperwork to be prepared in the right way. Otherwise the Court can reject the divorce and require the process to start all over again.

If your ex-partner files for divorce the official papers will be issued by the court and sent to you. These must be reviewed and returned to confirm that you will not defend the divorce. However, if these forms are not filled in correctly this is likely to considerably delay the process.

As a divorce specialist, my role is to avoid any such difficulties and ensure that everything is progressed as swiftly and inexpensively as possible.

How a Solicitor can help

It’s important to remember that a divorce petition will only end the marriage and not resolve financial matters or arrangements for any children between you and your ex-partner. This may not be straightforward.

Potential issues that may arise include:

• Deciding where your children will live
• Where you children will go to school
• How your children will be cared for day to day
• How your finances be shared
• How your assets be shared, including deciding who will keep the family home
• How a business you own or any investments you have in your own name will be impacted

You can also instruct a divorce specialist to negotiate on your behalf and assist resolve these types of issues, including any necessary Court applications to obtain a financial order.

Even if all these matters are agreed, realistically a Solicitor is still needed to prepare and file any Financial Orders for the courts approval.

It is also important to remember that if you don’t instruct a Solicitor but your partner does, you will be negotiating against a trained professional.

How a Solicitor can help

The divorce process is complicated and stressful and it is important to have expert help. This is even more important if you have a complicated or complex situation with finances and/or children as a Solicitor can help get the best outcome for you.

The benefits of having a Solicitor working for you during a divorce are:

• Make sure your Divorce papers are completed correctly to ensure there are no delays on the process
• Receive advice on the contents of the divorce petition
• Make sure agreements regarding your children are made fairly
• Help you make the best decisions when organising your finances and assets
• Help protect or receive advice regarding a business or investments you have in your name
• Help you negotiate the best agreement possible for you
• Deal with your divorce papers, financial orders, matters involving your children, assets and/or investments together
• Take away most of the stress and worry that comes with the Divorce process
• Have a friendly, professional and knowledgeable person looking after your best interest during the divorce process

I’m a divorce specialist at Howells Solicitors and have extensive experience at dealing with complex divorces which involve high value assets and difficulties in relation to children.

I am also an accredited Resolution specialist and committed to dealing with family law issues in the most constructive and cost-effective way possible. The Matrimonial team here at Howells Solicitors is one of the largest in the region, and we consistently receive amazing feedback and praise from other professionals and our past clients.

You can email Howells to make an appointment at enquiries@howellsllp.com, visit our website or call us:

Sheffield: 0114 249 66 66

Barnsley: 0122 680 51 90

Rotherham: 0170 936 40 00

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