What a Solicitor or Lawyer can do for You
If you can sort out your financial affairs as equal partners, between yourselves or with the help of a mediator that is best. Even then, it is still wise for you both to ask a lawyer whether the arrangements seem fair, and to ensure that they are framed in a watertight manner so as not to leave you open for future unexpected financial claims, and so that they do not result in any unnecessary payments of tax.
DECIDE WHAT’S BEST
A lawyer can be of great help, but try to use his or her services efficiently and economically. Ask yourself whether you want to obtain legal advice or want someone to ‘fight’ for you. Wanting a lawyer to act for you in a contentious way will involve you in expense which may be out of proportion to anything gained. It is also not at all cost-effective to use a solicitor as an emotional support, whatever the temptations.
Time and money are invariably interlinked. The more you use a lawyer’s service, the greater the hole that will be cut into your family finances. It is of utmost importance that you consider the question of costs before launching into a major battle. Spending an hour or so (at the very least) with an experienced and competent lawyer to get advice on your legal position is a worthwhile investment. Of course, how much you want to (or are forced to) involve your lawyer may be constrained by how much you can afford to pay. There is only one “matrimonial pot”: do not fritter it away.
HANDLING YOUR DIVORCE
It is possible to handle an undefended divorce yourself without a lawyer, although it is probably fair to say that it is least as hard as doing your own conveyancing on your house (and the financial pitfalls can be worse if something goes wrong). Do-it-yourself divorce packs are widely available. Be wary of taking important steps without legal advice: the packs can give you general but not individual advice.
Be particularly wary of the common assumption that getting a divorce means an end to your financial obligations to your ex. Divorce and money matters are considered quite separately by the courts, and getting a divorce does not mean an automatic end to your money concerns. We can advise at a competitive fixed fee.
GETTING A COURT ORDER FOR MAINTENANCE AND DIVISION OF PROPERTY
We will advise you on appropriate court for the particular order you need and the procedure for applying. We advise you on the attitude that the court will take and your prospects of success.
GETTING INFORMATION ABOUT FINANCE
You may find that you are faced with a long, uphill battle to get financial information out of your spouse/cp. However reasonable you want to be over things, and whatever you do, he or she may refuse to disclose assets.
Withholding information at the early stages of financial negotiations does nothing but run up costs and reduce the amount that there is to go around. If you consult a lawyer your spouse/partner may then do so too, and may be persuaded to come clean about details of his or her financial situation. You will both need to disclose your finances fully to each other before a proper agreement can be reached. We can advise on the infamous Form E.
SORTING OUT COHABITATION PROBLEMS
Although these fall generally within the scope of family law, not all lawyers have much experience or knowledge about the law as it relates to cohabiting couples. If you have an argument about the ownership or entitlement to the home, you need to find a lawyer who does know about this area of law and understands the trust and property law involved.
We are experts in this field.
WHAT WE CAN DO FOR YOU
- put an agreement into wording that is clear and will be acceptable to the court.
- Arrange maintenance and the division of property in a more tax efficient way.
- Draw up a ‘clean break’ settlement where appropriate (particularly where there are no young children).
- Point out things that you may not have thought of: for example, that one of you may be losing substantial window(er)’s pension rights under the other’s pension scheme.
- Explain how the pension law works.
- Take into account the effects of any proposed order on welfare benefits entitlements.
Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
