Monday, 17 February 2014

Solicitors in the Liverpool Area are Used to Dealing with Divorce Cases

Divorce is not a pleasant thing for anyone involved but unfortunately it is a fact of life and these days it is a very common fact of life that divorce is something which solicitors in Liverpool city centre and solicitors in the Liverpool other areas deal with all the time. In fact family law is something which law firms Liverpool are experts on and you will find many a Liverpool solicitor who makes a very good living dealing with new divorce cases all the time.

Some solicitors are trained as mediators (although most mediators are not solicitors). Mediators are neutral, and help the parties try to resolve disputes by agreement. A solicitor-mediator may 'act' for both parties in mediation, but the job of a mediator does not include advising the parties, save to ensure that any agreement reached in mediation is reasonable. Once a solicitor has acted as a mediator, he/she may not then act as a solicitor for either party.

Three quarters of all lawyers Liverpool work in a law firm. In its simplest form, a law firm is a business entity in which one or more licensed attorneys engage in the practice of law. The numbers, titles and roles of law firm attorneys vary based on the size and complexity of the firm. Below is an outline of the various attorney roles within a law firm and how each role fits into the law firm hierarchy. In addition to lawyers, law firms Liverpool employ non-lawyer executive and staff such as paralegals and secretaries to support the firm's legal and business functions.

The divorce process

The legal formality of getting a divorce is a relatively straightforward process. What is generally much less straightforward is sorting out the practical issues associated with a divorce, such as where each person will live, who gets what, and arrangements for any children. Before agreeing matters with your husband or wife, it is wise to take advice from a solicitor about your rights and the options available to you.

What your solicitor will need to know

To get a thorough understanding of your circumstances, your solicitor will ask you for a variety of details and documents. These could include:

  • the reasons you want a divorce;
  • if you are living apart from your husband or wife and when you separated;
  • the names and ages of any children who are part of the family;
  • the children's current and future living arrangements;
  • the current contact arrangements between parents and children;
  • a list of your assets, savings, income and pension arrangements, and those of your husband or wife;
  • details of any on-going problems such as substance abuse, debts and so on;
  • details of any domestic abuse;
  • your marriage certificate; and
  • any other relevant documents, names and dates.

Solicitors in Liverpool and other staff working at a solicitors firm Liverpool will be able to give you all the details relevant to your case based on the information you provide. They will explain procedures, costs and any other information.

Divorce Law in the UK is not Complicated to Understand

For anyone who does not know the details, even something such as marriage, civil partnership UK and divorce in UK law can seem complicated. Divorce law in the UK is not really that complicated and some people can even manage to negotiate it themselves whilst others turn to people such as Family Law in Partnership UK.

The prospect of divorce action can be daunting, but the process need not be difficult with the right professional advice. Your solicitor is there to guide you through the process, steer you clear of the legal pitfalls and offer sensitive but independent advice. Because a divorce can raise sensitive and personal issues, it is important to choose a solicitor who makes you feel comfortable. Choose someone you find approachable and whose advice you feel you understand. You may find it helpful to speak to a couple of solicitors before you decide who to appoint.

You can get a divorce if you have been married at least a year and your relationship has permanently broken down. You must have a marriage that is legally recognised in the UK, and have a permanent home in England or Wales.

There are 3 main steps to getting divorced:

  • File a divorce petition - you have to apply to the court for permission to divorce, and show reasons why you want the marriage to end.
  • Apply for a decree nisi - if your spouse agrees to the petition, you’ll get a document saying there’s no reason you can’t divorce.
  • Apply for a decree absolute - this legally ends your marriage - you need to wait 6 weeks after you get the decree nisi before you can apply.

How a solicitor can help

It is your solicitor's responsibility to:

  • explain the divorce process to you;
  • start the divorce action for you; and
  • once it is under way, keep you informed of any developments.

Your solicitor will send you copies of any significant letters they receive relating to your divorce. They will also give you regular updates on the progress of the case, and details of any costs involved. If you are at risk from domestic abuse at any stage, your solicitor will make it a priority to discuss all possible ways of keeping you and your children safe.

Divorce and related matters are handles by solicitors who specialise in family law England. A great deal of divorce work is carried out by legal executives, employed by solicitors. It may be thought that legal executives work to a lower standard than solicitors, but this should not be the case.

Many legal executives have spent years specialising in family law UK, and their knowledge and experience often exceeds that of the solicitors who employ them. Where it does not, they should be properly supervised by a solicitor. Although divorce law in the UK may not be complicated, it is often better to leave it to the professionals, especially when things are likely to become nasty or there are children involved in the case.

A Wirral Solicitor will be Able to Give you Advice on Divorce

Wirral law firms and solicitors in the Wirral area are experienced and qualified to give you information and advice on getting a divorce. This is not to say that all solicitors legal in Wirral are experts but the chances are that you will be able to find many a Wirral solicitor who is reliable and has built up a good reputation in his field.

Grounds for divorce

You will only be granted a divorce if you can demonstrate that your marriage has suffered an 'irretrievable breakdown'. To do this you must show that your marriage is beyond repair because:
  • your husband or wife has committed adultery;
  • your husband or wife's behaviour is such that you cannot reasonably be expected to live with them;
  • your husband or wife left you at least two years ago without good reason;
  • you have been separated from your husband or wife for two years and they agree to the divorce; or
  • you have been separated from your husband or wife for five years or more.
Your solicitor will be able to give you more details of each of these sets of circumstances. If a divorce decree is against your religion, your solicitor can give you advice about other forms of separation.

Children

In all matters relating to children, the children's welfare comes before anything else. Your solicitor will:
  • emphasise how co-operating with your husband or wife will benefit your children;
  • warn against the dangers of encouraging children to take sides;
  • encourage you to consider what you plan to tell your children about the separation;
  • make you aware of alternatives to court proceedings, such as mediation;
  • discourage court action as a way of settling disagreements, except as a 'last resort'; and
  • treat all matters relating to children as confidential.
Costs

Charges can vary between solicitors and will depend on the difficulty of the case. Before you decide who to appoint, check with a few local solicitors law Wirral to find out how much they charge. Price is not the only issue, however, particularly for a sensitive divorce case. It is more important to find a solicitor who is approachable and sympathetic, and whose advice you understand.

Uncontested divorce procedure
  • Filing of Divorce Petition & if necessary Statement of Arrangements for the Children
  • Documents issued by Court and posted to the Respondent
  • Respondent returns Acknowledgement of Service to the Court (if he/she does not you will need to consider Bailiff Service, Deemed Service or other options)
  • Petitioner completes affidavit in Support of Petition and Request for directions
  • A Judge will then consider all the divorce papers and if he/she is satisfied issue a Certificate of Entitlement to a Decree and Section 41 Certificate (confirming he/she is content with arrangements for any children)
  • Decree Nisi is granted
  • Six weeks later the application can be made by the Petitioner for the Decree Absolute.
From beginning to end, if everything goes smoothly and Court permitting, it takes around 6 months and solicitors Wirral will be able to help you through it all.