The law surrounding the divorce process is complicated and it is important to obtain legal advice at a very early stage. However, more and more couples are deciding to deal with their own divorces without seeking legal advice as they believe they cannot afford a solicitor. Each divorce is different and your circumstances could mean that you are entitled to a very different outcome to what you have heard from friends or what you have read about on the internet. Doing things quickly and cheaply may prove to be costly in the future.
It is important that the divorce petition is completed correctly to ensure that the divorce progresses smoothly. The divorce petition deals with matters such as the grounds of divorce, costs order and the initial application for financial orders. It is standard practice to leave the request for all types of financial order in the petition so that a decision can be made later regarding whether the financial claims will be pursued.
In addition, many people believe that once you are divorced, this deals with financial matters as well. This is not true. Whilst the divorce process legally ends your marriage, it does not legally end your financial obligations to each other. Even if you are divorced, it remains open for your ex spouse to make financial claims against you at any time in the future. So, if you win or inherit money or buy a property with a new partner, these things may not be protected and your ex-spouse could still ask the Court several years after a divorce for a share of those monies or property.
Even if you and your spouse are able to agree a financial settlement on divorce, it is still important to obtain legal advice to make the agreement legally binding and to ensure that you are agreeing to a settlement that is in your best interests. The procedure when matters are agreed is straightforward and, in most circumstances, does not involve either party attending Court.
A financial agreement should be incorporated into a document called a Consent Order which is approved by the Court. However, if you sign a Consent Order without receiving legal advice, you run the risk of agreeing to a settlement which may not be in your best interests. In addition, once a Consent Order is obtained, no further financial applications may be made by either of you against the other.
When dealing with financial matters relating to a relationship break up, it is always sensible to seek legal advice to ensure that the issues are properly dealt with. Divorce is an extremely emotional time and although it may be tempting to just agree matters so that you can move on with your life, once a Consent Order has been obtained, it will be very difficult to change your mind later if you realise you may have been entitled to a greater share of the matrimonial assets.
Recent cuts in Legal Aid has left many people believing that they cannot afford a solicitor to obtain legal advice in relation to a divorce and financial settlement. However, Attwells' are committed to providing free initial legal advice so that you can understand your rights and options on divorce.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.