The Good Divorce Guide

The Good Divorce Guide: Essential Questions and Insights from Hewetts Solicitors

If you are thinking of divorce or separation, it's crucial to be well-prepared and informed.

At Hewetts Solicitors, we specialise in family law and are committed to helping clients navigate this challenging time with expert legal guidance.

Below, we address common questions and concerns you may have before starting divorce proceedings.

How do I choose the right solicitor?

At Hewetts Solicitors, we believe that selecting the right solicitor is vital. Look for a solicitor with specific experience in family law if you have children under 18 or complex financial issues, such as business assets or trusts. Our team, led by Safeena Tufail, includes specialists who understand family law dynamics and can offer tailored advice for complex cases.

It’s also important to feel comfortable with your solicitor, as you’ll be discussing personal matters. Many women prefer to work with female solicitors, feeling that they may better understand certain aspects of the divorce process.

How can I reduce my legal fees?

At Hewetts, we strive to offer cost-effective solutions. Divorce is typically billed hourly, so to reduce costs, prepare for meetings in advance by summarising your family and financial situation. Providing this information beforehand will help us focus on the critical aspects of your case and minimise unnecessary work, keeping your legal fees under control.

Additionally, explore alternative payment options. We can advise on potential ways to finance legal costs, which may be settled once your financial agreements are in place.

You may also be able to take advantage of our fixed fee divorce services.

What are my legal rights?

Under English and Welsh law, divorce settlements aim to ensure fairness, particularly for the financially weaker spouse and any children involved. Courts will take into account all assets, including property, income, pensions, and other financial resources. The primary goal is to ensure everyone has a home and financial security.

If you're in a ‘cohabiting relationship’, remember that the law does not recognise "common law marriage." Your legal rights may be limited to child support and possible shared property rights, if applicable.

How much financial support will I receive?

The amount of financial support, whether through spousal or child maintenance, is determined by a judge based on various factors, such as the couple’s needs and available assets. Hewetts Solicitors will work diligently to present your case, ensuring you receive the best possible outcome. Maintenance orders can sometimes be time-limited, usually until children leave full-time education.

Does infidelity affect financial settlements?

Adultery does not directly impact the financial outcome of a divorce. However, if your spouse moves in with a new partner, this could influence the maintenance amount. The courts generally focus on financial fairness and the welfare of the children, not on who is to blame for the breakdown of the marriage. The no-fault divorce is now a reality in law.

What are the first steps to take when divorce is inevitable?

The first practical step is to locate your marriage certificate, which is required to begin divorce proceedings. If you've misplaced it, a copy can be obtained from the General Register Office. If your marriage was overseas, but you are getting divorced in England or Wales, you may have to make enquiries with the authority that issues your certificate or marriage documentation.

Next, prioritise your children by ensuring that they are shielded from conflict. At Hewetts Solicitors, we support the use of mediation where possible, as it can help create a more amicable agreement, particularly when children are involved. Additionally, make a list of assets and income, which will be necessary during the divorce process.

Should I seek therapy alongside legal help?

Divorce can be emotionally challenging. Alongside our legal support, we recommend that professional help to manage the emotional strain may be worth having. Divorce consultants are available to assist with the practicalities, such as preparing documents and finding new accommodation. At Hewetts Solicitors, we work in partnership with professionals who can support you in these areas.

Legal changes to be aware of.

One major change in English law is the end of **Legal Aid** for most divorce cases, meaning many individuals now represent themselves in court or opt for DIY online divorce documentation. We do not recommend this.

A divorce lasts a lifetime in terms of finances and outcomes, and you need a professional to get the best and right outcome.

However, mediation and arbitration have become more popular as alternative dispute resolution methods and we can assist with this. Mediation is recommended by the Courts before any proceedings. Both can help resolve conflicts more collaboratively and affordably than going to court.

No-fault divorces are now also in place, which reduces the emotional stress of having to “blame” someone for the breakdown of a marriage.

What kind of divorce is best for me?

A collaborative divorce, where both parties work together to reach a fair settlement, is often the best approach, especially when children are involved. Mediation can be a highly effective way to achieve this, as long as both parties are open about their financial situation.

Arbitration is another option for faster resolutions, with decisions made by a private arbitrator being legally binding.

Common divorce mistake

One of the most common mistakes is allowing blame to cloud the divorce process. While emotional hurt is understandable, focusing on who is at fault can prolong proceedings and increase costs. Financial settlements are based on, including amongst other considerations, fairness, not fault.

For personalised advice or to book an initial consultation, contact Hewetts Solicitors today. Our expert team, led by Safeena Tufail, is here to help you through every step of the divorce process, ensuring your rights and interests are protected.

Safeena offers a free initial consultation for up to 15 minutes and will advise and guide you throughout your matter.

If you would like a chat concerning your matter, please contact Safeena on 0118 9575337 or email at: S.Tufail@hewetts.co.uk.

Published on 04/10/2024