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Can I Divorce without a solicitor?

PLEASE NOTE: THIS ARTICLE IS OVER 1 MONTH OLD

 

Put simply, yes you can. You are not legally required to instruct a solicitor to get a divorce.

There are many lawyers out there who have chosen family law as their profession. If it was simple for everybody to divorce without a lawyer then the profession would have become redundant before now.

We cannot stress the importance of seeking advice from a Family Lawyer. We always recommend instructing a lawyer to represent you throughout your Divorce to ensure you get the best possible advice, support and settlement.

Our lawyers are professionals who have trained for many years to understand the law, gain experience and help their clients to achieve the best outcome for them. If you do not instruct a lawyer, you may not follow the correct procedure in your Divorce, therefore costing you more valuable time and money.

Most significantly if you don’t take legal advice or representation in respect of your financial matters, you may not receive a fair financial settlement or even more a legally binding order which could affect your future security.

Our lawyers at Andrew Isaacs Law do not simply just seek to have your marriage legally ended, they offer much more. They offer you fair, level and tailored advice. They offer emotional support, help and solutions. They seek to give you the best footing into your future and help you achieve the best financial settlement. By instructing one of our lawyers you have support throughout with compassion and understanding. Our lawyers genuinely care about the outcome of your divorce. We are invested in your matter.

The No-Fault Divorce

Under the Divorce procedure prior to April 2022, the Court had to be satisfied that the marriage had irretrievably  broken down, which was evidenced by one of the Divorce reasons, which included adultery and unreasonable behaviour plus separation grounds. These reasons have now been swept away by the new legislation which provides for ‘No-Fault Divorce’.  Now you still need to demonstrate that the marriage has irretrievably broken down but the scope for your spouse defending such proceedings is now much reduced. As a consequence the Divorce system is more straightforward than it was under the previous legislation.

It may be that you and your spouse are both in agreement to the Divorce and are able to discuss matters amicably.  In such cases the No-Fault divorce system does allow for joint Divorce petitions to be issued. Even if you are comfortable with how you wish to deal with your financial affairs and settlement it may be that you still wish to instruct a lawyer to act for you in respect of your Divorce. You have an array of options but the importance is taking advice and being aware of your options. It may be that after an initial consultation you feel confident in filing your own Divorce and you will be aware of the possible outcomes and understand the difference between your Divorce and finances.

A Divorce is the administrative ending of the marriage and will not end the financial relationship between you unless and  until there is a Financial Order sealed by the Court, the position may also be affected by re-marriage.   It is advisable to seek assistance on how best to approach this even when you are both in agreement

Did you know that your Divorce will not provide for Child Arrangements?

It is important to know that if you do apply for your Divorce without using a lawyer and you have children , the Court will not make any decisions regarding child arrangements in your Divorce. If you require assistance in respect of arrangements for your children, how they will spend their time with you and your spouse, then that will require entirely separate proceedings, but this can be fully explained to you and appropriate advice given during a consultation with one of our lawyers.

Initial consultation

Please contact our offices to arrange an initial fixed fee appointment.  There is no obligation to instruct us after this appointment.

Richard Johnson – Divorce and Finances Specialist

29.03.2023

 

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