Protecting your best interests in a friendly divorce

8th March 2015 by

 

Not all divorce proceedings are acrimonious or litigious, and Healys’ family and matrimonial law team often gets asked why both parties to a divorce cannot be represented by the same solicitor.

Unfortunately, no matter how amicable and friendly the parties to a divorce are, both spouses will need their own legal representation to protect their best interests and a solicitor cannot represent two parties to any claim as this could present a conflict of interests.

When searching for the best Brighton divorce lawyer, you should bear in mind that your chosen legal representative is always going to protect your interests, and those of your children, first and foremost, so their advice might sometimes seem difficult to hear, especially if you have agreed everything with your partner.

It is also important to remember that your divorce solicitor’s advice is just that, advice, and you are not compelled to act upon it. However, your lawyer is obligated to fully inform you of your legal rights in divorce and even if you don’t want to take money or property from your former spouse, a good divorce lawyer will let you know what you are entitled to.

Making a financial settlement on divorce official

If you and your spouse are trying to avoid going to court you can draw up a mutually agreed financial settlement document known as a consent order. This must be checked and properly drafted, with appropriate legal language, by a divorce lawyer before it is filed in the family court.

Both parties to the divorce will be obligated to make full and frank financial disclosure prior to the drafting of the agreement. Your divorce lawyer will ensure you are not signing anything which compromises your financial position, as once it is sanctioned by the court it could be difficult, or even impossible, to vary.

Some couples ask if they really need to make any sort of official agreement, but without a consent order your former spouse could make a financial claim at any time in the future and this could include future earnings, inheritances and purchases. So, it is always best to sort out the finances at the time of divorce.

Whenever possible the courts will seek to make a “clean-break order”, which does not include spousal maintenance, so that apart from child maintenance there will be no ongoing financial obligations between the spouses.

Talk to Healys for advice and guidance in friendly divorce

As members of Resolution our family law team is committed to seeking the most conciliatory and respectful methods of sorting the financial aspects of divorce.

We have many years’ experience in helping couples to negotiate and draft amicable consent orders. We pride ourselves on our ability to ensure clients’ best interests are always at the forefront of any advice and negotiations.

Call our divorce lawyers in Brighton today, for more information and initial, no-obligation advice.