The Importance of Legal Advice When Dealing With Divorce, Financial and Child Arrangements

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Do I have to get legal advice when I am dealing with my divorce myself or going to mediation?

It is important to gain specialist legal advice when considering divorce, financial and child arrangements even if you wish to deal with matters amicably and without Court proceedings

It is important that you consider the holistic legal approach most likely to meet your needs. You can only do so fully with the advice of an experienced specialist  family lawyer. This includes considering alternative dispute resolution, which means avoiding court proceedings. This can help you come to an agreement with your ex-partner, or appoint an experienced professional, outside the court system, to make a decision for you.

I want to save money but ensure that I am doing the right thing for me and my family

A specialist family lawyer can assist in advising you on the wide range of options available to resolve your legal situation. There are serious considerations in choosing between the options which require specialist advice. For example, it may be inappropriate for a victim of abuse to engage in mediation with the perpetrator of abuse. Safeguarding issues need to be considered both in undertaking the process itself, and any agreement or decision which may flow from it. In a financial case, a lawyer can advise on the cost of the different options, and which will best cost-efficiently meet your needs. These needs may include ensuring you have sufficient financial disclosure to come to a sensible agreement.

Once you have chosen an approach, legal advice remains crucial, regardless of the approach you choose. This is for the following reasons:

  • You risk reaching an agreement which is not fair and does not meet your or your children’s needs. For example, there may be information about your ex-partner’s pension which you need to ensure your retirement needs are met. Alternatively, there may be information missing which is required to ensure your child’s safety. You also risk legal implications of which you are not aware. It is important to enter into any dispute resolution having been informed of your legal position.
  • Whatever approach you choose, you must follow the correct procedure. Legal procedure is complex and often not easily researched online by a non-lawyer. It can be crucial to send the right documents to the court or other professionals at the right time, containing the right information. It may be crucial to have an agreement made outside court converted into a court order. Lawyers and judges regularly see cases where parties do not get the outcome they wanted simply because they have not followed the right procedure or documentation has not been drafted correctly.
  • It is important to be sure that you follow the procedure which is most time and cost efficient. There may be multiple ways to approach your legal situation, and some may offer significant benefits.

Here to Help

If you need advice on any family matter, please get in touch with Tracey Dargan, Partner and Head of Family and Divorce.

Please note the contents of this article are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.