When a couple separate there can be a lot of different concerns and anxieties.
The following tips on divorce are a guide to help focus on some obvious but often forgotten points:
Communication is often the key to unlocking problems and finding a solution. Every case is capable of being resolved but the most difficult ones are where there is no communication at all.
2. Remember the children
All too often children become involved in the adult dispute. Don’t involve them. They will not thank you for it in later years!
3. Aggression is a sign of weakness
Some people prefer an aggressive approach to their case. Aggression is an emotion and is often a sign of weakness. It is much better to be assertive and be firm in relation to your legal rights.
4. Preparation, preparation, preparation
This is always important to achieve a successful outcome. There is always a tendency to focus on the other person’s case but not to get your own house in order. You must be on top of your own case, be well organised and efficient.
5. Be careful of any international element
More and more cases have an international element to them. For example, the parties may live in different countries or be foreign nationals. It is important that specialist legal advice is obtained quickly. The financial outcome in one country may be completely different to the outcome in another.
6. Seek legal advice early on
This is vital because there are many cases were a person delays seeking advice only to progress their case down one route and then regret it or change their mind. This can make the legal issues more complicated and expensive than they need to be. An initial consultation will help you understand your legal rights and options. It will also guard you against making common mistakes.
7. Research your solicitor
People can often make an impulsive choice to instruct a solicitor without thinking through the process properly. There are different ways of looking for one, for example, independent legal directories, specialist panels and also recommendations. You may want to speak to more than one solicitor and have an initial consultation so that you can make an informed decision about how you would like to proceed.
You should be able to work as a team with your solicitor. Subject to the issues in the case and its complexity, you may have to work with your solicitor for at least 6 to 12 months. It is important therefore that you can work together. This can also help you save legal costs because your solicitor can help delegate tasks to you, for example, the initial preparation work. You should also respond promptly to any requests made to you by your solicitor.
9. Be proportionate in terms of time and costs
Cases can be time consuming and this can have an impact on the costs. But they do not need to be. There is sometimes a variety of reasons for this but often it is due to emotion particularly at the early stages.
10. Remember the bigger picture
It is very difficult to see the word for the trees but you must focus on the bigger picture and what the outcome should be. This can involve a case plan, timetable and strategy. Without any clear direction it will be difficult for you to know and understand what is happening. This can cloud the issues and actually get in the way of a settlement.