When you’ve decided to divorce, you need to understand the divorce process and the options available to you in terms of support from professionals. The divorce itself can be completed online and is relatively straightforward. However, the complexity usually arises when the financial settlement is being negotiated.
If your finances are simple and you both agree how to distribute the assets between you, you may only need someone to draft the order. This would usually be a solicitor. It is also worth being aware that you both agreeing to the settlement, does not guarantee that the order will be sealed by the court. If they believe that it is unfair, they may return it.
If there is a particular area on which you are struggling to agree, or you are finding it difficult to stay on track with the negotiations, working with a mediator might be beneficial. Mediators cannot give you legal advice, although many are solicitors or former solicitors. They are there to help keep the conversation on track and to reach agreement without the use of court. There are a number of different types of mediation, which we cover in the Smart Divorce podcast.
With this process, you are each represented by a solicitor but all negotiations take place at round table meetings. Sometimes other experts are brought into the meetings to help to reach agreement.
A new process in the options is where you both work with just one solicitor. It is not widely known about and as a result, there are a limited number of legal firms offering the process but it does tend to keep the legal fees lower. Our podcast with David Lister being released on the 6th January 2023 covers this option.
Family solicitors often try to reach agreement between them, negotiating offers in consultation with their clients via email.
Court is often the last resort when it comes to agreeing the financial settlement. Sometimes, solicitors will suggest filing a court application if one party isn’t co-operating with voluntary exchange of financial disclosure or causing unnecessary delays. The main issue is that court can often cause the costs to mount up, meaning the marital pot is smaller.
Tamsin description for blogs etc
Tamsin is a Chartered Financial Planner with over 20 years experience. She works with couples and individuals who are at the end of a relationship and want agree how to divide their assets FAIRLY without a fight.
You can contact Tamsin at email@example.com or arrange a free initial meeting using https://calendly.com/tamsin-caine/15min. She is also part of the team running Facebook group Separation, Divorce and Dissolution UK
Tamsin Caine MSc., FPFS
Chartered Financial Planner
Smart Divorce Ltd
P.S. I am the co-author of “My Divorce Handbook – It’s What You Do Next That Counts”, written by divorce specialists and lawyers writing about their area of expertise to help walk you through the divorce process. You can buy it by scanning the QR code…