The Property Buyers

Where to begin

Do I require a solicitor to obtain a divorce?

It’s a fine idea to obtain some expert counsel from a solicitor once you begin to consider divorcing or separating, especially if there are financial matters to look into. The solicitor will let you know what your position is and assist you figure out your alternatives.

You may elect, after an initial meeting, to settle things yourself, but, at any rate, will do so after being appraised of your legal position.

How do I locate a good solicitor?

The Yellow Pages will have a list of solicitors, but you will require someone with a specialization in family law. Citizens Advice Bureaux and libraries can be valuable resources, as also people known to you who have visited a family solicitor.

‘Resolution’ - an association of expert family solicitors - can provide you with the names of family solicitors who are members from your area.

The Law Society’s Family Law Panel of solicitors, are all experienced professionals in family law having passed a special examination. The Law Society can furnish the names of all empanelled solicitors in your locality.

Go to 'Additional help' for how to get in touch with these as well as other institutions.

Can I settle my own divorce?

It’s possible for you to arrange a ‘do-it-yourself’ divorce, but you might require the assistance of a family solicitor in case:

• you have kids;
• you are married for over 5 years; or
• you possess assets that are a great deal more than only the family residence and car.

In case you choose to handle the divorce yourself, then you must get in touch with your neighbourhood County Court to obtain the counselling forms and brochures you will require. First call the court to find out if a divorce section exists. Its phone number can be found in the telephone directory under 'Courts'. You also can download the brochures and forms from the website of Court Service (go to page 17 'Additional help' for information). Legal counsel cannot be provided by the staff of the County Court.

Can I avoid attending court?

You still require to attend the courts to obtain a divorce, although you do not always require being present at a hearing (go to page 7 'Do I need to attend court?'). In addition to getting a divorce, your partner and you should reach an agreement about the kids and finances. You can avail of mediation as an option to help couples come to an understanding about these.

A standard mediation service will provide your partner and you many rounds of discussions with one or perhaps two qualified mediators. In these sessions, you can discuss arrangements for the kids and finances, and determine whether you can arrive at any agreement. In case you do concur, the mediator will note down the agreement, and each of you can verify it with a family solicitor.

Legal aid may sometimes pay for mediation, but usually you need to pay. Nevertheless, it will perhaps be less expensive than asking a family solicitor to hammer out a settlement. Often mediation suggests your partner and you have a healthy relationship, which certainly can be useful for the future.

If you require additional mediation information, including how to locate local mediation services, read the Community Legal Service Express brochure 'Family mediation: Managing relationship breakdown without appearing in court'.

Do I require a family solicitor in addition to a mediator?

Mediators are powerless to advice you regarding your legal standing, so you will most likely require a family solicitor to ensure that the agreement arrived at is good for you. Moreover, it is prudent to make any agreement you arrive at about financial issues into a court order. Mediation services don’t execute this for you, although a family solicitor can. It is because of this that most mediators will suggest that you also avail of a family solicitor.

What are the expenses involved in a divorce?

The divorce costs vary considerably, and are conditional on the difficulty of your case and how far your partner and you see eye to eye on things. The charges of almost all family solicitors depend on the amount of time they devote to your case. Always seek a cost estimate, and how much the family solicitor charges per hour, when you first visit a family solicitor, and be prepared for a change in this estimate as your case moves ahead.

Aside from paying your family solicitor’s fees, you will require to pay the court charges in case you’re the petitioner (i.e. the person asking for the divorce), except if you:

• receive a special exemption (i.e., the court can decide to waive your court fees, if it deems you cannot pay for them); or
• receive public financial support (‘legal aid’). There may be some other charges (family solicitors refer to them as ‘disbursements’) for things such as property valuations and, perhaps, barristers’ fees.

Can I recover costs from my partner?

If your partner and you concur or in case the court so orders, it’s possible for you to recover part of the costs from your partner. However, the court seldom will ask your partner to bear part of your expense, and you usually will not recover all your costs. When contemplating divorce proceedings, it’s prudent to plan for your legal expenses.