Going through a divorce or legal separation has the potential to be a challenging and emotionally draining experience. That’s why it’s important to have a competent solicitor by your side to guide you through each step.
As with any service, you want to know that your solicitor is the right fit for you and your situation. It’s also important that they inform you clearly about the legal process, your rights, and the potential outcomes. That way, you can feel reassured and more in control of the situation.
Here are some key questions you might consider asking your divorce solicitor.
Questions to ask in your first meeting
Meeting a divorce solicitor for the first time can be daunting, especially if this is your first time dealing with a legal matter.
Your solicitor will need to know about your circumstances, including your spouse or partner, any children you care for, as well as your financial situation. This will help them understand your priorities, risks, and the level of support you may need throughout the process.
They will also ask if you need advice about child arrangements, dividing finances, or if there are urgent concerns like domestic abuse or child protection issues.
It’s essential to approach this meeting prepared with questions that can help lay the groundwork for your working relationship and provide clarity on what to expect.
You may want to ask them questions such as:
How long have you specialised in family and divorce law?
As divorce law is a highly specialised area, it always helps to know your case is in the hands of an experienced professional. A solicitor with many years of experience will likely have seen a wide variety of situations and can confidently guide you through the challenges ahead.
What are the first steps in the divorce process?
If this is your first time dealing with legal matters, the process may feel confusing. Your solicitor will be able to explain the early stages clearly, such as how you can apply for divorce, as well as the initial discussions about children or property.
Will you handle my case personally, or will it be passed to another solicitor?
Some firms delegate parts of a case to junior solicitors or paralegals, which can actually be helpful in keeping costs down. Still, it’s worth knowing who you’ll be speaking to most of the time and who will make the key decisions. That way, you won’t be left wondering who to call if you have questions or concerns.
How long do you think my case could take?
No one can promise an exact timeline, but an experienced professional can give a realistic estimate based on your circumstances. Straightforward cases where both parties agree might only take a few months, whereas disputes over finances or children could extend the process.
The divorce process
Depending on your situation, a divorce may be more complicated than usual, so learning more about how the process works could help ease any anxiety you may be feeling.
Your solicitor should be able to explain what will happen, when, and why, in clear and simple terms. Asking questions early on is a great way to stay informed and make decisions with confidence.
If there’s anything you’re unsure about, it’s worth asking:
What divorce options are available to me?
Divorce doesn’t always mean going to court. There are different ways to resolve matters depending on your situation. Asking this can help you understand the approach that might work best for your circumstances and what’s legally possible.
Mediation involves working with a neutral third party to reach an agreement amicably, while collaborative law focuses on negotiation with both parties’ solicitors. Court proceedings are usually a last resort when an agreement cannot be made.
What could delay the divorce or make it more complicated?
It’s useful to understand potential obstacles early on. Your solicitor can advise you on common pitfalls and how to minimise delays, so you can plan accordingly. Delays might occur if financial records are incomplete, child arrangements are disputed, or the other party contests the divorce.
What rights do I have during this process?
Divorce law is designed to protect both parties and any children involved. Asking about your rights can help you understand:
- What you can claim financially
- What decisions you can make regarding your children
- What legal protections are available if there are concerns about safety or fairness
This knowledge will help you make informed decisions at every stage.
What steps can I take to protect myself legally and financially?
There are some proactive steps you can take to prevent disputes and help ensure that your rights are upheld throughout the process. This might include ways of securing finances, or arranging temporary agreements for property or child care.
Children and parental arrangements
If you have children, their well-being is likely your top priority. A solicitor experienced in family law can support you in reaching an agreement that meets your children’s needs and protects your parental rights.
How will any child arrangements be decided?
Cases regarding children are typically determined based on the best interests of the child. This may involve discussions between parents, mediation, or, if necessary, a court decision like through a Child Arrangement Order.
Your solicitor can explain the different options, such as their primary residence or flexible visitation schedules, to help you understand what is likely to work for your family.
What happens if we can’t agree on childcare or visitation?
It’s common for there to be some disagreements where childcare is concerned, so there are legal ways to resolve them. It may be the case of advising you on whether mediation, a court application, or parenting plans are appropriate. The approach taken often depends on the specific circumstances and the willingness of each parent to cooperate.
How does child maintenance work, and who is responsible for paying it?
Child maintenance is a financial contribution towards the child’s living costs, usually paid by the parent who does not live with the child full-time. Your solicitor can explain how payments are calculated, the options for private agreements versus government schemes, and how enforcement works if payments aren’t made
Can decisions about schooling, holidays or relocation be disputed?
Major decisions about a child’s life, such as changing schools, relocating, or international travel, can be contested if parents disagree. Your solicitor can guide you on the legal framework for these decisions and what steps you can take to reach an agreement or seek court approval if necessary.
What support is available if there are concerns about safety or abuse?
If there are concerns about domestic abuse, child protection, or safety, it’s crucial to act quickly. Your solicitor can advise on protective measures such as prohibited steps orders or supervised contact arrangements. For more information, please see our guide regarding no-fault divorce.
Finances and property
Financial matters are often one of the most complex aspects of divorce. Whether you’re concerned about the family home, debts or pensions, your solicitor can explain the options available and how the law applies to your situation.
You can ask them questions such as:
How will our assets be divided?
When it comes to dividing property and assets, the law aims for a fair distribution. Depending on your circumstances, this may not always be exactly equal. There will be factors to consider, like each person’s financial contributions, future needs, and any children involved.
Agreements can be reached through discussion or mediation, but the court can decide if necessary.
Do I need to disclose all my financial information?
Full financial disclosure is a legal requirement under UK law. Therefore, both parties must provide details about income, savings, property, pensions, and debts. This law is in place to ensure that any settlement is fair and prevents problems later on.
What happens if we disagree on financial arrangements?
If you can’t reach an agreement, mediation or collaborative law may help, but sometimes the issue will need to be decided in court. The process can include negotiations over property, assets, and maintenance payments.
Can I protect my assets before the divorce?
In some situations, it’s possible to take steps to protect certain assets. This might involve formal agreements, trusts, or other legal measures. Your solicitor can explain what is permissible under the law and what steps you should take to safeguard your interests.
Fees and legal costs
Legal costs are a concern for most people going through a divorce. If you’re worried about these costs, it’s worth asking beforehand to avoid any surprises later on. This might include questions such as:
What are your rates for working on divorce cases?
It’s important to understand the likely costs before committing to a solicitor. Fees can vary depending on the complexity of your case and the firm’s charging structure. Getting a clear idea up front helps you plan financially.
How will I be charged for your services?
Some firms may bill in different ways, such as through hourly rates, fixed fees, or payment at stages of the case. Some may offer payment plans, while others may require upfront payments.
Do you handle Legal Aid cases?
If you think you might be eligible for Legal Aid, it’s worth checking whether the firm takes on such cases. Not all solicitors do, so be sure this is confirmed in advance.
Get expert divorce advice with BGW Solicitors
Divorce and family issues can be stressful and emotional, but having the right legal advice can make a real difference. At BGW Solicitors, our team of specialist family law solicitors is committed to guiding you through the process with care and clarity.
We handle every aspect of divorce and separation, offering practical, professional advice tailored to your situation, whether you’re navigating divorce, child arrangements, or financial disputes. We’ll assess your situation, explain your options clearly, and provide honest advice on costs from the outset.
Contact our offices today for an initial discussion, and we will get back to you as soon as possible.