Separating? Why You Need a Good Family Solicitor
By AdFeatures | Wednesday, October 17, 2012, 11:36
If you feel that your marriage or relationship is no longer making you happy and that you (and your children) would be better off if you and your spouse entered a separation agreement, then you will be facing a lot of uncertainty and have a lot of questions.
Top of your list of questions will be ones such as:
1. What will happen to the children? and
2. What will happen to the house?
There are no easy answers, and much of family law is about negotiation and compromise. You will both be finding it hard to come to terms with separating, and there will usually be some bitterness and blame. But think about all that you and your spouse/partner own and earn, then imagine how much of that could be spent on lengthy arguments at court or through solicitors if you cannot be realistic from the start.
That’s why getting good, solid advice from a specialist family lawyer is money well-spent. Because an expert in family law will not make arguments where there do not need to be arguments, and will not create problems. A good solicitor will tell you where you need to compromise and where you need to stand firm. They can point you in the direction of a good mediator, and many firms of solicitors that have a family law team will also have a good mediation department.
A family mediator is someone who is qualified in family law and is usually a solicitor who has their own divorce and family clients. In other words, they know what they are talking about, they have lots of experience and they will have a good idea of what a judge would make of a particular case.
The mediator can meet with you and your spouse together, or offer you separate appointments (or can sometimes arrange to see you both but in separate rooms if you prefer). They will find out from both of you all the information they need to be able to help you to reach a sensible agreement and sign divorce papers.
If you are able to reach an agreement through mediation the details will usually be written down into a document called a ‘Memorandum of Agreement’ – a contract, basically. That agreement would be sent to court with some basic information to let a judge be able to decide whether it is fair to everyone – and if the judge approves, the document is turned into a formal court order that everyone has to stick to.
Mediation is a cheaper option than fighting every detail through court, and even if it does not solve every problem it can at least narrow the number of issues that you disagree over.
If mediation is not possible for whatever reason, your specialist family lawyer will be able to represent your case and make sure that your views are heard and will continue to give you realistic and practical advice to help you to close this chapter of your life and move on to the next.