Most divorce cases are sorted out without going to court.
Traditionally, each party instructs a solicitor to explain the issues and then get the best deal for you.
What is involved
Most divorces are sorted out without a “final hearing”. See the section on finance/law. The first step in all discussions about money is “financial disclosure”. Each of you sets out in detail your financial position. The court form (form E) is often used as a checklist. It is usual to get the home valued and any other property. This is normally done through solicitors. Once your solicitor has explored your options with you, and explained how the law works, proposals will be made. Discussions will take place through a combination of:
- letters setting out proposals (it is helpful to have a detailed starting point);
- telephone discussions (these can often speed things up);
- a round-table meeting (though it is rare to have everybody sitting around the same table at the same time throughout);
- and/or a two-room meeting (this is more common, especially if discussions are tense and emotional).
If things cannot be agreed, then it may be necessary to go to Court. A district judge will then be asked to make a decision for you. If things can be agreed, then it is usual to set this out in writing, either in a separation agreement or, more usually, in a court order. If everything is agreed, it will not be necessary to go to court.
Further help
It is important to get a solicitor with whom you feel comfortable
- so that you feel in control;
- so that you understand the issues involved; and
- so that you get a clear explanation of what is involved.
Resolution (previously called the SFLA) is a body of solicitors who practise family law. www.resolution.org.uk lists solicitors who can help you.
The Law Society is the main professional body for solicitors.http://www.lawsociety.org.uk/ also provides helpful information.
There is no substitute for personal recommendations. Friends who have good experiences of their solicitors will be able to pass on their views.