Dividing property, working out child care arrangements and your own living arrangements – there can be a lot to do when you’re splitting up from your partner. But is it worth getting a family lawyer to help you or can you handle things yourself?
When to consider professional legal support
If you can’t agree on matters related to your separation, for example where the children will live, how you will divide a family business or who will retain the family home, then it’s worth seeking the support of a family lawyer. It’s always advisable to try and reach resolutions with your former partner yourself, but this can be very challenging when there are big finances and emotional matters at stake.
What will a lawyer do?
The basic aim of a solicitor is to let you know what your rights and responsibilities are in relation to your separation. If you want your children to live with you for a certain amount of time, or if you want to secure a claim about acquiring a share of the family home, they will act on your behalf. They will do this through negotiating with your partner’s legal representation or, when court action is necessary, they will represent you and your interests. During the process, they will also advise you of financial entitlements or areas of the law you may not know about. Plus, if it is difficult to, or if your former partner will not communicate with you on matters, then hiring a solicitor could be your only option to resolve matters.
What is a collaborative family lawyer?
Collaborative law is a practice that many separating couples use to find resolutions outside of court, it is usually less expensive and often quicker. There are special collaborative lawyers who are trained to help parties negotiate about their separation or divorce in face-to-face meetings. Each party has their own lawyer to represent them and it’s also possible to have an IFA or a family specialist if you have children.
It is an ideal process for those who are able to still communicate following separation and can be advantageous in that it supports people on a more specific and personal basis and iron out matters that courts would not typically address. It can also be speedier and couples can have more control over procedures, for example, if a property is involved, and time is an important consideration in its successful sale. Collaborative law is often favoured by married couples who are divorcing, but it can also work for unmarried couples separating.
What happens in the collaborative process?
Collaborative law process:
- Each party appoints their own lawyer trained in collaborative law
- An agreement is signed by each stating that the case will not be taken to the courts
- Negotiations begin in person until specific issues and important areas are resolved.
Traditionally, going through the court can be very divisive and cause ongoing ill-feeling that may last for years.
Legal support through the mediation process
Although mediation is a process that doesn’t require a lawyer per se, it may be beneficial to have their support in certain areas. For instance, if you have a proposed new agreement as a result of going through mediation, your lawyer can check its contents before it is finalised. Before mediation, it may also be worth speaking to a solicitor to inform you of what happens, what will be expected of you and what your rights and responsibilities are in reference to your particular case. A practical and solution-focussed solicitor on your side helps prepare and inform you ahead of the process which increases the possibility of achieving a resolution and not having to go through the courts.
If you are separating, and looking at how to best manage your case, consider whether it’s possible to do things on your own, work things out collaborative or through mediation or if you are better off going through the court system. In all cases, it is worth seeking an initial consultation from a legal expert.
