7 questions to ask your divorce solicitor at your first meeting
September 21, 2020
Divorce can be a difficult time, but our skilled divorce solicitors at Tayntons are here to support you. We’ll guide you through the process, offering clarity, reassurance, and expert advice every step of the way. We offer an initial fixed-fee consultation to discuss your situation and outline the process ahead. To help you prepare for this meeting, here are some key questions you might want to ask us.
Do I have the right to a divorce?
The Government introduced the “no fault” divorce in April of 2022. The overarching meaning of the no-fault divorce is that you no longer need to prove the irretrievable breakdown of a marriage based on one of the five current facts for divorce. The aim is that the new legislation will reduce conflict and allow couples to focus on important issues like children, property and finances. The sole ground will therefore be the irretrievable breakdown of the relationship.
This application for divorce can now be made jointly or by an individual. We discussed you only making the application.
Contesting a divorce application is no longer an option as the concept of fault has been removed from the process. Once the divorce application is submitted, a 20-week period must pass before the Conditional Order (formerly known as the Decree Nisi) can be granted by the Court. During this time, you must confirm if you still wish to proceed with the divorce. This 20-week reflection period allows you to assess your relationship and decide if separation is the right decision.
After the Conditional Order is issued, there is an additional six-week waiting period before the Final Order (previously Decree Absolute) is granted, which formally ends the marriage. If you choose not to proceed at any point, the divorce application can be withdrawn.
For guidance throughout the process or to better understand your options, consult with one of our divorce solicitors can provide the support and clarity you need.
Who will our children live with?
Ideally, this will be decided between you and your ex-spouse, with the help of mediation if needed. If this has to be dealt with by the court, the judge will put the best interests of the children first. Shared care means that the children will have two homes, spending part of the week with each parent, and this is something that is favoured by the court.
How much will maintenance be?
If you and your spouse have children, you will both be expected to pay towards their support. Ideally, the courts like couples to reach a fair agreement between themselves in respect of child support. If no agreement dealt with through the CMS
Where one spouse earns more than the other, spousal maintenance may also be awarded if the spouse with the lower income cannot support themselves. The sum awarded may be paid as a single lump sum or could be a regular monthly payment for a fixed term or various determining factors such as re-marriage, cohabitation.
Who will pay the costs of my divorce?
As a general rule, each party pays their own legal fees in respect of their divorce, with the person making the legal application to the court paying the court fees.
Will I have to go to court?
If your spouse agrees to the divorce and you are also able to come to an agreement in respect of children and financial matters then there is no need for either of you to attend court.
In summary
If an agreement cannot be reached, the courts may get involved, but the focus in divorce is on the parties working together to resolve financial matters, determine where a child will live, and agree on how much time the child will spend with the other parent. A skilled divorce solicitor can provide valuable advice on what to expect, what is reasonable, and will negotiate strongly on your behalf with your spouse’s solicitor.
Rated as ‘Excellent’ on ReviewSolicitors, we have wide experience in all aspects of divorce and family law. If you would like to speak to one of our expert divorce solicitors, email us at info@tayntons.co.uk, call us on 0800 158 4147 or request a call back and a member of our team will be in touch promptly.