
Do I need to take legal advice when I am divorcing?
Navigating the complex world of legal matters can be daunting, especially during times of emotional upheaval like divorce. Seeking proper legal advice can be crucial for achieving the best outcomes. Instructing a solicitor offers numerous advantages over relying on a litigation friend (also known as a McKenzie Friend) if you are engaged in court proceedings, or a divorce coach if you are attempting to negotiate with your spouse on a voluntary basis. However, with the costs of being represented by lawyers coming at a particularly difficult time and a quick Google search offering many alternatives to the traditional solicitor, it is no surprise that more and more people are seeking the assistance of a litigation friend or divorce coach.
A litigation friend is a person that can provide ‘assistance’ at court to a person without a solicitor who becomes known as a “litigant in person”. A litigation friend cannot conduct the case or address the court. They cannot sign documents on behalf of a litigant in person. What litigation friends are permitted to do is; provide moral support, help with case papers, take notes in court, advise on court procedures and guide the litigant in person on resolving their case if they have the knowledge to be able to do so. A litigation friend can be a friend or family member, a volunteer (such as from a charity), or a professional whose time must be paid for by the litigant in person.
A divorce coach provides support to individuals navigating the divorce process. They are not therapists or lawyers but provide support with making informed decisions and managing the emotional aspects of separation and making arrangements for the future.
As you might expect, a significant advantage of instructing a solicitor lies in their professional training and experience particularly of cases that have gone before the Court where a judge has made a decision on settlement. A solicitor specialising in family law understands the intricacies of child arrangements and financial settlements. This expertise can be invaluable when facing complex legal issues and a solicitor can also signpost third parties should advice be required in respect of issues that fall outside of their remit, such as tax calculations. In contrast, litigation friends and divorce coaches may have no formal legal training and may be unable to advise upon legal issues or highlight the need for third party advice in the same way. Their good intentions may not compensate for the lack of legal knowledge, potentially jeopardising outcomes that have a lasting effect far into the future.
Solicitors provide a personalised approach to each case, ensuring that clients receive tailored advice based on their own set of specific circumstances. Every person’s case is different and therefore a solicitor takes the time to understand the individual’s needs and objectives, creating strategies that align with their priorities. When dealing with the financial implications of a marriage breakdown, a solicitor can assess the situation and advise upon a course of action that achieve the best outcome. On the other hand, a litigation friend or divorce coach might offer general advice but may not grasp the subtleties necessary for effective negotiation or representation.
It’s not a legal requirement to have a solicitor when going through a divorce, cases where there are no assets or children are often capable of resolution where the couple can agree without a solicitor. Though it has been highlighted in the press that sometimes where there are no assets, couples are divorcing without documenting their clean break with a Consent Order leaving themselves open to financial claims in the future when one party’s financial position has significantly improved. The training and experience is what sets solicitors apart– providing expert legal advice, they will know how to protect your interests, navigate any complex issues, spot loopholes and ensure any paperwork is correct which potentially will save a person time, money and stress. Solicitors charge for their service like most professionals and of course a person has to weigh up that cost against the potential benefits. If you are in the process of considering divorce and have not considered how your matrimonial assets should be divided or how the arrangements for your children will work, it is important to seek legal advice and the team at Taylor Walton will be able to set out your options and advise upon the next steps.
If you would like to find out more please contact our Family team who would be happy to discuss the contents of this article and any relating matters you may have.
Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.
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