Divorce? The dangers of not using a Solicitor.
Getting divorced is a time when there is a great deal of emotion, perhaps guilt that you have fallen out of love with your partner, alternatively, feelings of betrayal and regret. There is a huge emotional cost to divorce.
Many people use online services when divorcing now. At this time, many of us feel we need to save money, we may be looking at a situation where we will be financially much worse off in the future. There is therefore often a wish to try to reign in outgoings and try to agree an arrangement with an ex-partner, when we are not truly aware of what we may be entitled to on divorce.
Resolving financial matters on divorce is a complex area of law. There are so many factors to consider, it’s often simply not a question of selling property and dividing the proceeds. If there are children, they need to be housed. There may be a considerable difference in the income of the spouses, and their pension funds. Getting a divorce on line doesn’t generally provide sufficient information or advice for a divorcing couple to know what is a fair arrangement.
The factors below are the starting point to consider
(a) The income, earning capacity, property and other financial resources which each spouse has or is likely to have in the foreseeable future including, in the case of earning capacity, any increase in that capacity which it would be, in the opinion of the court, reasonable to expect a person to take steps to acquire.
(b) The financial needs, obligations and responsibilities which each spouse has or is likely to have in the foreseeable future.
(c) The standard of living enjoyed by the family before the breakdown of the marriage.
(d) The ages of each spouse and the duration of the marriage.
(e) Any physical or mental disability of each spouse.
(f) The contributions which each spouse has made or is likely to make in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family.
(g) The conduct of each spouse, if that conduct is such that it would in the opinion of the Court be inequitable to disregard.
(h) The value to each spouse of any benefit which one spouse because of the divorce will lose the chance of acquiring (most usually pension provision).
Without expert advice, it’s impossible to know whether the agreement spouses are
reaching is fair. Legal advice can come in the form of a one-off appointment to provide
vital information on how you might resolve financial matters on divorce, you may
decide to instruct us to deal with the finances on your behalf, or you may use a solicitor
on an on/off basis as required. There are various options, we provide an estimate of
likely costs and in certain circumstances can offer fixed fees, for example to obtain
advice and draft a consent order. Here at Oliver Fisher we are aware that often divorce
is the biggest financial transaction a person is likely ever to make. We are here to
provide the right advice and assistance, our solicitors have a wealth of experience in
this area of law.
Our Solicitors advise on complex finance matters and Divorce. We serve both North London and South London including Surrey, Putney, Kingston, Surbiton, Esher, Weybridge and Walton-on-Thames.
By Jo Shortland, 8th May 2017.