Legal Advice when getting a divorce or ending your civil partnership

If you and your partner are planning to separate or are in the process of separating it can be vital to get the right legal and professional advice. This is especially true if you find that your ex-partner won’t remain dedicated to the arrangements you have made with them, or, if communication between you and your ex-partner has broken down.

At Oracle Law Legal Advice we have extensive experience when it comes to family law, and know the ins and outs of handling disputes in the aftermath of the breakdown of a family unit.

In this article we’ll examine the legal and financial options available to you when approaching a divorce or the dissolution of a civil partnership.  

Legal Advice

Solicitor

The job of a solicitor (also called a family lawyer or family solicitor) is to advocate on behalf of the individual.

A solicitor can advise you on your rights if you’re looking to make claims against your ex-partner.

Solicitors are often used when communication between you and your ex-partner has broken down, or that there is mistrust that would make mediation impossible. Family lawyers however will still work to avoid going to court, negotiating on your behalf with your ex-partners solicitor.

Solicitors are able to draw up legal agreements as well, based on what you and your partner have agreed.

Mediators

Mediators are impartial professionals who work to ensure both parties get a fair deal from the separation. Their job is to facilitate these difficult conversations, making sure that the couple remains in control throughout the process, despite the issues involved.

Mediators are a neutral third party, and they’ll work hard to try and find a beneficial solution for both parties, and ensure the divorce is as amicable and cost-effective as possible.

Divorce mediation covers issues like,

• The distribution of property
• The distribution of assets and liabilities
• Child arrangements and parenting plans
• Child support, spousal maintenance, and pensions

Meditation is both flexible and confidential and ensures the issues can be settled by both parties in a collaborative manner.

Arbitration

Another option is arbitration. In arbitration, you and your ex-partner will choose an arbitrator. The arbitrators’ job is to decide on the financial and property disputes you have between you, with a final, binding decision provided. Arbitration is confidential and has less stress and demand than a courtroom environment and is often far less costly (financially speaking).

Arbitration won’t always be appropriate. In situations where third party evidence is necessary, or if trust between you and your partner is lacking (for example, if you believe your partner may attempt to hide financial assets) then arbitration is unlikely to be an appropriate option. However, in situations where both parties are eager to resolve the situation then arbitration is an excellent alternative to going to court. 

Financial Advice

Accountant

You can make use of an accountant to help you value assets, such as a business. Some accounts specialise in assessing whether someone is attempting to hide the overall value of their assets, such as a business. They are known as forensic accountants. Accountants have experience in areas where solicitors are more than likely lacking it.

Accounts can assess a wide range of assets, from money in the bank, to shares, to properties.

If you feel your ex-partner isn’t being open regarding their assets, an accountant can be invaluable to securing a full picture of the financial situation. They tend to work with both people.

Financial advisors

Financial advisors can provide a wealth of advice regarding a person’s financial circumstances as well as providing a detailed plan for a person’s financial future. Financial advisors are an invaluable source of information if your divorce involves particularly complex financial structures – such as a business, inheritance, or a trust.

Financial advisors can also help to get your finances in order. They are also able to help you divide up your assets in a tax-efficient way, meaning you can save a significant amount of money over ‘doing it yourself’. 

Actuary

An actuary is a specialist when it comes to finances. They can provide an accurate valuation of a salary or pension. Working out this is a difficult task, and solicitors will rarely be equipped to provide these kind of assessments. 

How can I pay for legal fees?

It’s important to think about how you’ll pay for any legal advice you end up getting, especially before attempting court action, which can be financially demanding. In some cases, the cost of acting may be more expensive than any financial benefit you’d receive because of the action.

People usually pay for legal fees via savings, but there are other options. There is borrowing from family or friends, taking a personal loan, approaching a credit union, and in Scotland it is possible to make use of legal aid when it comes to divorce.