Blog Post

Do I Need A Divorce Solicitor?

Almy and Thomas Solicitors • 16 November 2022

Facing a divorce can be a daunting prospect. Whether the partnership breakdown is amicable or not, the legalities of a divorce can be complicated, uncharted waters. It’s possible and easier than ever to facilitate a divorce without legal help, but that doesn’t mean doing so is easy or for the best. You might still be confronted with many questions. What types of divorce are there? How do I know my divorce will be watertight? Hopefully, this article will provide some insight.


What Are The Different Types Of Divorce?

The good news is, as of April 2022, there is only one type of divorce. A no-contest divorce is now the only available option. This means that a divorce cannot be contested, that there is no need or chance for blame to be assigned.

 

Instead, one only needs to submit a statement of irretrievable breakdown. The other party can simply choose to accept and sign the statement, thereby avoiding a more complicated and costly process. Assuming both parties are amicable and accepting, this can be the best route for many, saving costs of hiring a divorce lawyer throughout the process. The individuals can choose to go through the court process themselves, only paying the court fee of £593, or use an online divorce service for an additional fee.

 

However, it can be advisable to seek a solicitor’s advice initially, or if there are more complications to a divorce.


Divorce Complications

Though it is not necessary to use a solicitor, divorces can still be tricky procedures. It’s important to consider any rights you gained as a married person, and how they will be affected - Wills and rights relating to a spouse’s pension provisions, for example. Before completing divorce procedures, be clear on these elements.

 

One thing that can cause issues in a personally handled divorce, is any oversights or mistakes made by either party. These can be tricky and costly to remedy later on. Using a solicitor gives peace of mind that no such errors will manifest. Yet another issue can be protection against unforeseen circumstances down the road, or any possible future claims. A clean break is necessary to obtain for that security, and a solicitor can ensure that you achieve that.


How Can A Solicitor Help?

There are other more typical issues that might benefit from divorce support. If there are any complications or disagreements involving money, assets, or children, each party might need a solicitor to make the process as smooth as possible. Family law solicitors can provide support on each step of the legal proceedings, and act as mediators to such disputes.

 

If you have to go to court for any reason, the solicitor will present your case for you. They will also explain your steps and what any court rulings mean exactly.

 

Overall, solicitors can help during divorce or cohabitation disputes by -

 

●     Explaining what you need to do and why.

●     Helping you reach agreements without going to court.

●     Checking for and protecting against any future problems.

●     Filling in necessary forms to start the divorce proceedings.

●     Mediating contested issues efficiently.

 

If you wish to hire a solicitor in Torquay, Torbay and the South West, contact Almy & Thomas today.

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