Divorcing a spouse, especially one you have built your life with, can, understandably, be incredibly overwhelming.

The best way to alleviate the stress and anxiety of divorce is to instruct solicitors.

Why is this; what do solicitors do here; and what does it mean to instruct solicitors?

For some, it may be the first (and only) time they instruct solicitors.

It can be daunting to make that initial call to the law firm.

Rest assured, experienced family law practitioners, like those of us at Griffin Law, are on hand to guide you through it and will understand the emotional toll this is taking on you.

Before you make the call, it might help to have an idea of what you might expect.

Case study: Julia and John

Let us take a fictional couple, named Julia and John who have been married for 15 years. They built their life together, had two children and progressed in their respective careers.

Unfortunately, after two years of couples counselling and trying to make it work, they make the difficult decision to divorce.

Julia calls Griffin Law and speaks to Keeley Parry and Jacob Porter. We run through the divorce process generally and the relevant next steps. Julia agrees to instruct Griffin Law to make those first steps.

Client Care Documents

We will ask Julia to review and sign documents, often referred to as a Client Care Documents, which forms a formal contract between Julia and this firm.

Julia will then be required to collate and provide certain ID documents (usually one form of photographic ID and two forms of ID to verify her address) and will be asked to provide funds on account so we can start work.

It is useful at this stage to provide all relevant documentation (for example, the marriage certificate) and information (for example, an outline of the matrimonial funds) so we are clear of the position at the outset.

Alternatives to Divorce

When a couple decides to divorce, they often think that is the only option. It is not.

Julia will therefore be advised that there are a number of alternatives to divorce to ensure that divorce is the very last resort.

Counselling

Julia and John have already attempted couples counselling in this scenario. However, there are other counselling methods they might try, such as individual counselling to ensure that divorce is something they both want and, if Julia determines that divorce is the only option, to help her come to terms with it and assist throughout the process.

Informal Separation

Julia and John may agree a period of separation between them. They may decide to live separately, with separate finances and shared custody to determine what life after divorce would look like.

There will be no formal agreement in place. It is flexible.

Formal Separation

Alternatively, Julia and John may agree to separate but to also formalise the living arrangements, matrimonial finances and child arrangements by way of a separation agreement.

This agreement will require full financial disclosure, a open handed approach and John to take independent legal advice to ensure that the agreement is taken into consideration should Julia and/or John to rely upon its terms in the future. It does not bind the court but can be persuasive if it is drafted properly.

Post-Nuptial Agreement

If Julia and John decide to get back together, they may decide to enter into a post-nuptial agreement.

The agreement is similar to the separation agreement above and must similarly meet certain requirements in order to be persuasive should they later divorce.

Like pre-nuptial agreements, post-nuptial agreements can improve communication, introduce financial clarity and ensure that, should the relationship later breakdown, financial settlement is straightforward and, overall, cheaper.

Judicial Separation

Judicial separation is a way to formally end the marriage without legally dissolving the marriage. It is typically used by couples for religious reasons, where they have been married for less than a year or they want “breathing room” after separation.

It requires the involvement of the court and is a similar process to divorce but has a slightly different outcome. For example:

• Neither party can remarry (as they are still legally married);
• Finances can be determined by the court but it cannot provide for pension sharing orders or a clean break; and
• Judicial separation does not have the same affect upon inheritance that a divorce has.

Professional advice

After discussing the above, Julia decides that divorce is the only option and chooses to proceed. She has a review of our article How to: Get Divorced and discusses it further with Keeley and Jacob.

If you would like to discuss any of the above, please feel free to call us on 01732 525 923 to discuss further. We are always happy to have an initial, no-obligation telephone call to discuss the matter generally. We also offer an initial consultation fee of £500 plus VAT to meet with you for an hour, assess your situation and provide key advice.

Griffin Law is a dispute resolution firm comprising innovative, proactive, tenacious and commercially-minded lawyers. We pride ourselves on our close client relationships, which are uniquely enhanced by our transparent fee guarantee and a commitment to share the risks of litigation.  For more details of our services please email justice@griffin.law or call 01732 52 59 23.