When should I contact a family solicitor?

Are you separating and about to move out of a shared home?

Whether you own the home jointly, as an individual, or you’re both renting, there will be legal, financial, and practical implications to think about. . There will be decisions as to who keeps what, there may also be a clash of timescales or a lack of agreement about what to actually do with the property. You can have an interest in a property whether you own it jointly, you own it, or your partner owns it, whether you are married or cohabiting. However, establishing what you own or are entitled to can be complicated and technical. A solicitor is able to give you practical advice as to what steps you are able to take to protect, and realise, those interests.

Do you or your spouse have pension provision?

Pensions are often overlooked or not considered properly during the divorce process. They can be a complicated and technical area and specialist advice is often crucial to ensure a fair deal whether you are the party with the benefit of pension provision or without. The value of pensions is also often misunderstood or minimised with focus being on the capital assets instead, such as the property.

Has your spouse obtained legal advice and suggested that you attend mediation?

Mediation is a great tool for decision making during a relationship breakdown, but it is imperative that you have an understanding as to what factors the family courts would consider if they were making a decision about the proposals being made. A solicitor will ask you about the background to the relationship to explain the family courts usual application of family law in similar cases. You can take legal advice before, during or after mediation, and a solicitor will help you draw your agreement up into a legally binding agreement or court order.

Are you having difficulty agreeing a schedule of contact with your children?

If you are not making any headway trying to set a timetable for contact with your children, a solicitor can help to consider alternative schedules that will enable your child to have frequent and meaningful contact with both parents. If this is simply not a viable option, a solicitor will speak to you about the various applications the family courts can consider regarding your children. If you are concerned about the safety of your children during contact with the other parent or in their lived experience, a solicitor will advise you as to you rights and the steps you can take to protect the children if they are at risk.

Have you recently started the divorce petition online via gov.uk?

The change in the law in April 2022 made divorce applications more streamlined and more accessible by enabling a person to apply for, and manage, their divorce online. Many people choose to do this as a costs saving measure, however, as this process does not include any provisions for a financial order, speaking to a solicitor before doing so, may highlight possible errors in the divorce application, and explain what type of financial order you should obtain before applying for the final order of divorce.

At Slater and Gordon, we offer an initial fixed fee consultation which is a great opportunity to get practical tips as to what your options are and what remedies are available, the most cost effective approach to finalise your separation, and signposting if you decide you’re not quite ready to begin the process.

Contact us here.