Do I really need a family solicitor?
Exploring the benefits of instructing a lawyer to handle divorce matters.
With online services now becoming the norm and the introduction of no-fault divorces in April 2022, separating couples may wonder, “Do I actually need a solicitor to deal with my divorce?”
While individuals can deal with a divorce themselves, it is not advisable. Finalising a divorce is seen by many as the only objective in a divorce situation. However, there are often many other associated issues that need to be dealt with alongside this that can be overlooked.
An initial response to this article might be that solicitors want to avoid losing potential clients. Although this is undoubtedly a factor, consider whether an individual had a medical condition they spoke to their doctor about. Would the doctor advise them to deal with their treatment themselves after the initial consultation?
People approach specialists because they lack the necessary expertise to deal with the issue in question themselves. However, when it comes to family issues, individuals often feel that they can deal with this area of law themselves rather than engaging the services of a family solicitor.
Why DIY?
Individuals do not like paying solicitors at the best of times. In some areas of law, such as a property purchase, instructing a solicitor is necessary and something they can budget for. However, when it comes to dealing with a divorce, this can be completely unexpected.
In these circumstances, something has gone wrong for that individual personally. They are now facing the additional concern of meeting an unexpected expenditure by getting someone to help them deal with their problem.
Solicitors appreciate that the reality of the situation is that a client does not want to be having a meeting with them and that paying for a family solicitor is essentially a ‘distress purchase.’
So even for the best salesperson, this would be a difficult pitch. It is understandable why some people try to save money by dealing with divorce themselves. However, in most cases, this is a false economy and ultimately costs the individual more money in the long run.
Issues you can’t solve alone
In a divorce situation, the divorce itself is only one part of the larger picture. Individuals will have created financial claims as a result of getting married, which will need to be dealt with by obtaining a Court Order. Also, if children are involved, future arrangements will need to be made for them.
Family solicitors can help you not only deal with the procedural side of a case but will also:
- Guide you through the whole process – sometimes this might just mean having include someone independent from the situation you can speak to and to take away some of the stress
- Advise you on the various options available to resolve matters where amicable and ideally avoid contested Court proceedings – effectively ensuring the solution meets your family circumstances
- Understand how best to deal with a Judge if the matter, unfortunately, becomes contested
- Advise you on appropriate settlement options and, in the majority of cases, negotiate a better settlement for you
- Help take the emotion out of what is likely to be a highly emotive situation and provide clear advice as to how to proceed at any given stage
- Identify all of the issues that may impact you and ensure you can make the necessary informed decisions to deal with them
- Help where you may need additional assistance, such as putting you in contact with other professionals (for example, a financial advisor or a counsellor), so you are supported as fully as possible
If someone feels able to deal with all of the above and progress the proceedings themselves, they are free to do so. However, for most people, instructing a family solicitor to deal with a divorce is never something they want to do, but the valuable advice and support you will receive will be crucial in the long run