Separation and divorce are emotionally challenging
Going to see a solicitor is a daunting task for many and a lot of people understandably avoid it until they are at the point where immediate action is required. Divorce, separation and children disputes are extremely upsetting and can affect your well-being and health, which in turn can impact on your judgement. Emily outlines how to get the most from meeting with your solicitor when contemplating separation.
I would never suggest that a client take action where it is not completely necessary. Not only for the fact that taking these matters further can be costly, but also if a relationship can be saved, especially if there are children involved, this needs to be explored first and foremost. Where appropriate, I would recommend relationship counselling of which I can provide the details.
There are of course many situations when it would not be right or even safe to stay in the relationship. If you have no choice but to pursue a separation, I would recommend that you consider the following:
- Being able to provide frank details to your solicitor is extremely important, no matter how embarrassing; we need to know the facts. We are here to listen and then advise on the legal issues. We will not judge and of course all matters spoken about remain confidential.
- Providing details of your finances is also important, even if you think you do not have any, or do not hold any joint assets, we still need to explore your options. Divorcing your partner does not automatically cut all ties when it comes to your finances, it only ends the marriage. When you marry, you agree to both own everything you have 50/50 and therefore this separate contract between the two of you needs severing, which is not dealt with by the Final Order of your divorce. You will require what is known as a Consent Order, if you can agree matters, if not, the Court will make an Order for you. By letting me have as much information as possible at the outset can help resolve matters more quickly.
- Remaining amicable with your estranged partner – of course that is easier than it sounds. It may sound obvious to some but it can be an extremely hard task. With the new ‘no blame’ divorce application now implemented in the UK, you no longer have to give a reason for the breakdown of your marriage, you simply have to agree your marriage has irretrievably broken down. Being able to still communicate, especially if there are children involved, will make the process a lot less stressful and expensive for all parties involved.
Emily is a qualified solicitor with over 13 years’ experience in family law. You can contact me on 01237 427527 or emily.souch@bhrlaw.co.uk