Splitting up: Do I Always Need a Divorce Lawyer?

DIY Divorce: What are my options?

Doing the divorce yourself, without the help of legal experts, can work if you and your partner are splitting amicably and can come to an agreement about what happens to the custody of children. The finances can be resolved between you if the relationship is amicable and you trust your spouse to be honest in respect of their finances. You will need to fill in a number of different documents for the Court to review and approve. You can download these from www. justice.gov.uk and pay a fee to the court.

However, a word of warning – going it alone isn’t always the best route or as cost-effective as it might appear. Also Courts often report errors in the way forms are filled in and you will have to go through the whole process again, delaying the divorce for even longer.

Mediation

Before any couple can file an Application for Financial Relief (one of the Forms to progress the court process when an agreement regarding the finances cannot be reached any other way) all couples will need to show they have attempted to try Mediation (the only exception for this stipulation is if domestic violence has taken place in the relationship).

Mediation provides parties with a forum to discuss any issue (including those concerning children and finances) with a qualified and impartial third-party mediator present. Their role is to facilitate and help manage the discussions with the aim of resolving matters.

Mediation can be excellent if you are looking for a cost-effective and swifter way to agree the terms of your divorce, so you can both move on with your lives. If possible, seek out a mediator who is also a lawyer, since they understand the legal system and will be able to inform you what a Court may do in any given situation. The mediation sessions last 90 minutes and, ideally if it is going to work then matters should be resolved by the fourth session. At this stage, you will need to instruct a lawyer to draw up all a legally binding document called a Consent Order which is then sent to the Court to review and approve.

Collaborative Process

Another means to avoid going to Court but reach a resolution, is where you instruct lawyers who are specially trained in the Collaborative Process and then all four parties meet for a number of sessions. The process will require you and your spouse to sign a written agreement and to make a full and complete disclosure to each other about all assets, liabilities and other relevant information that needs to be shared. If you reach an agreement on all of the issues, your lawyers will prepare the appropriate written agreements that will progress those agreements for both of you to sign. These are then included in the Consent Order which is sent to the Court ending your respective claims in respect of each other’s finances. Be aware that going down the Collaborative route can prove to be far more expensive than Mediation because you are paying for the time of lawyer to prepare and attend the sessions. Also, should the collaborative process fail, neither you nor your spouse will be able to instruct your collaborative lawyer to represent you in Court

The Court Process

If you find yourself at the stage where neither mediation nor collaboration has worked, then you will need to call in the support of lawyers or barristers (often both) who will advise and represent you in the run up and during the Court hearings.

Direct Access

To reduce legal costs, you could consider going direct to a barrister who will represent you at the Court Hearings. However, a barrister will not organise the case, draft any of the necessary documents that will be needed in Court or liaise with the Court to arrange dates for the hearings. Be aware that once you go down the Court route, you will need to fill in a number of forms and you may not have the expertise, the time or the emotional equilibrium to do this justice. This is where the expert steer of a family lawyer can prove invaluable.

Contact our divorce and family lawyers today for expert advice

If you would like to discuss any aspect of family law, are considering divorce proceedings or a trial separation, or want to draw up a pre or post-nuptial agreement, call us in absolute confidence on 03456 381381. Alternatively, email us at familylaw@ibblaw.co.uk.