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How to make a divorce go smoothly

Getting a divorce can be one of the most scary and anxious times. It is often described as an ‘emotional rollercoaster’. Surrounding yourself with a good team of people, upon whom you can rely upon when you may feel at your weakest, is extremely important.  Also consider engaging the services of a counsellor to help you express and deal with your emotions.

Quite often, the decision to separate may be instigated by one party. When this happens, the person instigating the separation has usually spent some time processing how they feel and planning their future. The other party may not have seen the separation coming and as a result, they may feel a  wave of emotions such as upset, anger and fear for the future.

It is important that parties obtain legal advice as soon as possible so that they can understand the options available to them and also build a rapport with their lawyer who will help navigate them through the process.

What is a no fault divorce?

As of 6 April 2022, the ‘no fault’ divorce system came into effect. This means that parties looking to obtain a divorce no longer need to apportion blame and/or be separated for a significant period of time. Instead, parties need to simply show that they have been married for at least 1 year and that the marriage has simply broken down irretrievably.

Getting a divorce usually involves resolving other issues such as the financial and property matters, together with arrangements for any children of the family. It can seem overwhelming to try and deal with matters all at once and it is important that you feel in control so that negotiations move at a pace you feel comfortable with.

What does a smooth divorce look like?

With the right approach, both parties can feel in control. Whilst emotions may be running high, it is important to take a measured approach rather than simply reacting to how you may be feeling at the time.

A ‘smooth’ divorce is one that:

  1. provides a fair settlement to both parties;
  2. is cost-proportionate; and
  3. is completed within a reasonable time frame (which is usually between 6-18 months).

The first step is to see whether you can reach an agreement directly with one another, or through an independent Mediator. You can take legal advice upon the discussions had with the other party at any time and it is important that you do take independent legal advice before reaching a final settlement.

If you are unable to reach an agreement directly or via Mediation, then negotiations through Solicitors is usually the next step. Whilst your Solicitors should do everything possible to help you reach a settlement, sometimes, you may need an issue resolving with the assistance of an external authority figure such as a Judge or Arbitrator.

The presumption, in such circumstances, is that an application to Court will prove necessary. Court is not the only option, however.

How can Alsters Kelley help me?

At Alsters Kelley Solicitors, we have a team of experienced, friendly solicitors ready to support you in navigating your divorce. Receiving expert legal advice from the start ensures a smooth divorce whilst achieving the best long-term results for both you and your family.

There can be a lot to think about, and we appreciate that the unknown costs can be somewhat daunting. Therefore, we offer an initial fixed fee meeting for £300 plus VAT (20%). During the initial meeting, you will meet with one of our experienced and understanding family lawyers, who will listen to your situation and discuss your concerns in detail with you, providing tailored advice specific to your circumstances.

Alternatively, if you would prefer to discuss your options generally before proceeding with a fixed fee meeting, we offer a free ‘options’ call lasting up to 30 minutes.

To discuss your options with Shelley De’Worringham, Solicitor and Head of the Family Law Department, email shelley.deworringham@alsterskelley.com or call 01926 356000.

Call now on 01926 356 053 to book an initial consultation for £300 plus VAT to speak to one of our Family Law specialists.