Marriage breakdowns are difficult enough without the financial hardship that will inevitably be caused in divorce proceedings. With huge legal aid cuts coming into effect from February 2012, many people are finding themselves in a position where they have decided to separate from their husband or wife but unable to formalise the separation.
Often, a couple will consider delaying divorce until they can afford to meet the legal costs associated with it. It is for this reason that husbands and wives will frequently use online services such as ‘divorce online’ to dissolve their marriage. For the most part, if you are looking for a simple divorce with no issues that needs resolving such as the finances of the marriage or difficulties with child arrangements, then online services or DIY divorces are fairly easy and can offer a cheap divorce.
The complications arise usually, as we find, when one of two things occur. Firstly, where the petitioning party (i.e. the person starting the divorce procedure) initially believed that the divorce was fairly straight forward, only to find that for whatever reason, it has become far more complicated than they had anticipated. Online services do not offer tailored legal advice and this can lead to legal costs rocketing because you then have to seek the assistance of a solicitor to rectify the issues.
Secondly, most divorces are not simple. There may be disagreement between you and your partner in relation to not just how the divorce should proceed, but also how the finances are to be divided between you or when the children should see you and your partner once you have separated. Online services will often offer very generic advice about these issues and we find that clients are no further forward in bringing these issues to a conclusion even if they have started the process of divorce.
Divorce costs increase usually because the spouses cannot agree on certain issues. These can range from who should see the children on certain days through to who should stay in the family home. The cheapest way of dealing with a marriage breakdown is to ensure that you and your spouse communicate, whether this be by email or face-to-face.
Family solicitors should always encourage parties to communicate and offer as much assistance as possible to enable this to happen. This is the most effective way of keeping costs down. Most clients are not aware at the outset what alternatives there are available to them other than an application to Court. Whilst we consider an application to Court as an effective way of finalising matters, Court proceedings usually lead to a further deterioration in communication between you. We have to be mindful, particularly where there are children involved, of the impact any court application will have on your relationship with your partner.
Court proceedings are also the most expensive form of resolving issues, which is why alternative methods should always be explored beforehand.
In addition to negotiation between each parties’ solicitors, there are alternatives such as family mediation. Mediation is a form of resolving complex issues between parties with the assistance of a qualified mediator. Mediation is cheaper than Court proceedings and mediators will help encourage discussions between the two parties.
Collaborative law is also an avenue that many of our clients find effective. This is where the parties and their solicitors have a series of meetings to agree outstanding issues. Both have the benefit of having their legal advisors in the room with them, but are able to set their own agenda and focus on the things that are most important to them.
We recognise that divorce can be costly and we aim to deal with all matters arising from the breakdown of your relationship as quickly as possible and in the most cost-effective way. Our family solicitors specialise in all aspects of relationship breakdown and as members of Resolution we will endeavour to resolve matters as amicably as possible. In addition, our Resolution family solicitors in Milton Keynes have recently reached agreement with other solicitors in the local area to a new ‘fast-track procedure’ which enables legal advisors to resolve matters effectively, quickly and at lower costs to clients.
Everyone is different and when we first meet with you we aim to give you the information you need to make the major decisions you are faced with. We help you understand the alternatives, costs and timescale and ask for your help in understanding what your priorities are. We can then work out together a plan of action and what the cost will be. There are some things you will ask for our help with and other things that you will be able to do for yourself. We can point you in the right direction. We aim to be there with advice and support you with the legal side of things – but the extent of our involvement is up to you. This tailored approach allows you to control not only your future, but also the cost.
If you would like further information please contact Pui Au Yeung on 01908 304560 or by email or any other member of our team in Milton Keynes, Northampton, Luton or Harpenden.
