1. My marriage has ended what should I do?
When a relationship breaks down, thinking about the future for your family and finances can be distressing. You might also have to work with lawyers for the first time, which can feel daunting. With a number of options available to you, it is helpful to have lawyers who understand your concerns and can guide you through the implications of these choices so that you make practical decisions that suit you and your family, both now and in the long-term.
2. Can I divorce amicably, or will I have to go to court?
Each individual case is different, as are the desired outcomes. But what is common is that it can be a very stressful time.
Taking legal advice is not about conflict, but about trying to avoid it. The starting point with any divorce is to try to negotiate, to try to resolve settlements quickly and efficiently in order to prevent the case from going to court. Very few cases are determined at a final court hearing and it is up to you to discuss the best options that would suit you and your former partner in achieving an amicable settlement.
Divorce law has changed significantly in recent years, with the Divorce, Dissolution and Separation Act having come into force in 2022, allowing couples to divorce without assigning blame, easing the stress and allowing couples to focus on more important issues, for example those concerning the children or finances.
3. What if I’m not ready for divorce?
When a marriage breaks down, both parties may not be at the same point.
It is very difficult for some people who have mentally moved on to understand that their estranged partner is stuck in shock or anger and can’t possibly see a way out. Lawyers understand this and have a duty to help each person move forward in a way that feels supportive and constructive – not to push people through a process that is too difficult or painful. You may want to think about coaching or counselling to help you through the process or, if you wish, bring a friend to the meeting with your lawyer to help you to take in the advice given and ask any difficult questions for you.
4. What options are open to me?
Not every separation is the same and there are now multiple ways to divorce that can meet the couple’s needs. Whilst the traditional court processes remain a common route, the requirement for couples to engage in non-dispute resolution beforehand has given rise to a range of out-of-court alternatives such as mediation, One Couple One Lawyer, collaborative separation and arbitration. These enable couples to pursue more amicable divorces that are often less expensive and time consuming.
5. I don’t know where to start
There is a lot to think about when a relationship breaks down and it’s hard to see the wood for the trees. A specialist family lawyer will have empathy and experience and be able to guide you, at your pace, through the issues, working out what the priorities are and helping you to make a plan. It is helpful to meet with your lawyer to talk this through, as you will be able to ensure that your lawyer is the right person to help you. You can then agree how you would like to set the tone for moving things forward, who does what and when that is to happen.
Having a team around you to support you is a huge help, allowing you the emotional support and the ability then to focus on the legal issues and work to be done to get you and your family through the process in the best way possible. Even if you are considering divorce but are yet to take any action, it is important to take legal advice as the first step.
Would you like to know more?
Please contact one of our expert lawyers in this sector.
You can download a PDF version of this guide.
