With the introduction of the new no-fault divorce rules, divorce proceedings can now take place without the need for blame to be introduced. This has been welcomed as an important step in creating a less stressful, contentious process when spouses decide to separate. Another important step in ensuring that stress is minimised during your divorce is in choosing the right lawyer.
Receiving independent legal advice is important to understand the options available to you throughout divorce proceedings allowing you to make the best decision for the future.
Divorce
As of April 6th 2022, when the Divorce, Dissolution and Separation Act 2020 comes into effect, it is no longer necessary to assign blame to divorce. Previously there were five possible grounds for divorce including adultery, unreasonable behaviour, desertion, two years separation with consent and five years separation without consent.
Another change to the rules is that a divorce can no longer be contested. An application for divorce can either be sent by one party or jointly by both spouses, on the grounds of an irretrievable breakdown of the marriage.
How do I find a divorce lawyer?
There are several ways to search for a divorce lawyer. Using a search engine such as the Law Society’s Find a solicitor can be a good place to start. This allows you to identify the legal issue you require assistance with and search based on your location. There is also a more advanced option on this search engine with options including the name of the solicitor, the name of their organisation and their SRA ID.
Any solicitor or law firm must be registered with the Solicitors Regulation Authority and this search function can be used to verify that. This feature can also be useful if you have received a recommendation for a solicitor and you would like to find further information and contact details.
When choosing a solicitor to assist with your divorce it is important that they are a specialist with significant experience in this area. It is also a good idea to choose a solicitor who is based locally. Before speaking to a solicitor identifying your key priorities in a divorce can help determine how they can help you. It is important to choose a solicitor who you can have confidence in throughout the divorce process. There are many similar databases that can be used to find lawyers based locally with expertise in family law.
Booking an initial appointment
Before deciding whether to instruct a solicitor throughout divorce proceedings it is a good idea to meet with them to ensure that you are confident they can help you. This is a good opportunity to ask any questions you may have about what a solicitor can help you with, what their fees are and any next steps if you decide to instruct them.
Discussing budget
Solicitor’s fees can vary widely depending on several factors including experience, expertise and complexity of the case. There is also a number of factors relating to the divorce process that can have a significant impact on cost. For example, mediation can be significantly more cost-effective than going to court. Discussing your budget with a solicitor can also be a good opportunity to discuss how different options in divorce proceedings can have a bearing on costs.
Factors to keep in mind when choosing a solicitor
Choosing an experienced and reliable solicitor who specialises in family law can help significantly in ensuring that you can clearly understand the different options available to you. Choosing a local lawyer can also help minimise disruption when receiving legal assistance in the divorce process. Whilst there are now increasingly options to receive legal advice remotely, having a solicitor available locally can provide real peace of mind throughout this process. Solicitors' experience within divorce law and family law more generally can vary widely and it can be a good idea to ask if a solicitor has had experience with the issues relevant to your situation. Before an initial meeting, it can be useful to write down a list of questions which you would like to ask.
Family Law
There are a wide number of options available when going through a divorce including mediation, arbitration and collaborative law. Alternative dispute resolution options provide an alternative to the court system and are encouraged as a means of ensuring that decisions on practical arrangements following a divorce are made amicably and cost-effectively where possible. It is worth discussing alternative dispute resolution options with your solicitor to see whether any of these options could work for you.
How long will a divorce take?
Under the new roles once an application has been made, either by one party or both parties, for a divorce, there is a minimum period of 20 weeks until the date of a conditional order of divorce. This is intended to allow both parties time to consider whether they are sure about this step before finalising the divorce. This also provides a timeframe in which to make practical arrangements, for example for dividing assets, after the divorce.
There would then be an additional 6 week period between the conditional order and the final order. With the introduction of the ‘no fault’ divorce, the timeframe from the point at which the application is made until the point when divorce proceedings conclude can be as little as six months. Under previous ruleset, where divorces could be contested, this timeframe could be substantially longer. Additionally, in order to meet the ground for divorce on the basis of separation, spouses would need to be separated for two years with consent or five years without consent.
How are finances divided?
Depending on a number of factors, a 50/50 split is usually considered a starting point in dividing matrimonial assets in divorce although this may differ in short marriages. Matrimonial assets will typically include assets acquired by either partner during the marriage. A court will consider a large number of factors when dividing assets in order to reach a fair outcome.
Independent family mediator
Mediation is a form of alternative dispute resolution where an independent and impartial mediator, selected by both parties, will help achieve an outcome that is fair for both spouses. Mediation will typically cover issues such as practical arrangements for children, property and finances. After meeting with both parties, mediation will take place where a mediator will suggest fair and practical steps for the divorce.
If these steps are agreed upon, the mediator will write this up in a document called a memorandum of understanding which details what has been agreed upon. A solicitor can turn this document into a consent order, which is filed with the court to agree on practical aspects of the divorce.
Family arbitration
Arbitration is another form of alternative dispute resolution. In this process, both parties appoint an arbitrator who can make a determination on some issues relating to a divorce. Arbitration can offer a quicker, more efficient route than going to court and, whilst there are some circumstances where arbitration is not appropriate, in many cases this can be a viable alternative.
An experienced arbitrator, selected by both parties, can provide an outcome which is legally binding. The first key difference from court proceedings is that both parties choose the arbitrator. Another key difference, is that the arbitration takes place in a private setting. Both sides can be legally represented by solicitors and barristers, with the potential for this process to conclude faster than court proceedings contributing to it’s popularity.
Collaborative law
Collaborative law refers to another process of alternative dispute resolution whereby both parties formally agree to work together with their solicitors on achieving an outcome in a collaborative process. Meetings would then take place where both parties attend with their respective lawyers to reach agreements on practical arrangements relating to children, property and finances. By arriving at an outcome collaboratively with both parties receiving independent legal advice this approach ensures that both spouses can participate fully in the decision making process.
There is also considerable flexibility in this approach. Additional professionals can be brought in including pension experts and accountants to help reach an outcome both parties can agree to. With specialist lawyers participating in the meetings, a collaborative divorce can provide a safe environment to reach a fair and amicable outcome.
Tax advice
Complex tax issues can arise from the division of assets in a divorce. For example, you may be required to pay Capital Gains Tax on assets transferred after the relationship has legally ended. Usually, experts can be instructed jointly by both spouses or individually by one party. If you are unsure of your tax obligations following a divorce, it can be a good idea to speak to a tax advisor.
Contact Us
In order to book an appointment with one of our experienced family law solicitors, call DJP Solicitors 01224 590053 or email info@djpsolicitors.com
Alternatively, fill out the form on our contact page to book a consultation with one our specialist divorce lawyers based near Aberdeen.
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