It is possible for couples to ‘share’ one lawyer between them and cut the costs and the time of a traditional divorce. The Divorce Surgery seeks to remove the added tension of the adversarial system by having an impartial lawyer advise both parties of how a judge will approach your case and the most likely outcome.
Do both parties need a solicitor in a divorce?
We are often asked by clients whether they need a solicitor to deal with the divorce process when their spouse has started divorce proceedings. The easy answer is that it is entirely up to you, however, to be on the safe side, we would answer yes!
Do both parties need a solicitor to divorce UK?
But do both of you need a Divorce Solicitor? Strictly speaking, no. You are not “required” to instruct a Solicitor, even if your spouse has one. However, it is advisable to get legal advice and to have representation throughout the divorce and financial settlement process.
Can a solicitor represent two people?
The Solicitor’s Code of Conduct explains that a solicitor must not represent both parties to the transaction if there is a conflict of interest or a significant risk of there being a conflict at some point during the matter.
Can you tell solicitors the truth?
If you decide to instruct a solicitor in relation to a certain matter you will have to tell your solicitor all the facts about your case. According to Solicitors’ Code of Conduct your solicitor will be bound by a duty of confidentiality and he should therefore not make any unnecessary disclosures about your case.
How are assets divided in a divorce UK?
How are Assets Split in a Divorce in the UK? In the UK, divorce settlements typically aim to achieve a 50/50 split for both parties. However, this split is often not met due to other circumstances that arise, meaning that one party receives a larger portion of the matrimonial assets than the other.
Who pays legal fees in divorce UK?
Need more advice? The general rule on who pays the legal fees in a divorce is that each person getting divorced will pay their legal costs. The cost of divorce includes the court fee (currently £593) and the costs of the solicitors who assist the parties with the divorce process if they are instructed.
Does my husband have to pay the bills until we are divorced UK?
Both spouses should continue to pay any household bills they were paying prior to their decision to separate. If regular bills are not paid during this period, this can lead to either or both parties receiving County Court Judgments (CCJs), which can make it harder to obtain credit in the future.
How long do you have to be separated before divorce is automatic UK?
You can apply for divorce on a number of grounds, two of those are based on separation of two years or more. If you have been separated for two years a divorce process can be followed and a divorce obtained on the ground of two years separation, however both parties must agree for a divorce to proceed on this ground.
How much does a divorce cost in the UK?
The average cost of a divorce petition can vary between £500 plus VAT plus Court fees of £550 [which includes the fee for Decree Absolute] and £1,500 plus VAT plus Court fees. Any more than that will be dependent on whether there is an intention to defend or other difficulties involved or jurisdictional aspects.
Who gets the house in a divorce UK?
Who gets to stay in the house during a divorce/dissolution? It doesn’t matter if you rent or own your home, or whether it’s in just one or both of your names, you could both still have the right to live or stay there. In the UK, if you bought your home together, you are both equally and legally entitled to stay there.
Can my ex wife claim money after divorce UK?
Generally, a former spouse is entitled to claim against your money or assets at any point up until they re-marry unless a financial consent order has been approved by the court.
What is a conflict of interest for a solicitor?
The Solicitors Regulation Authority (SRA) identifies conflict of interest between clients as: A situation where a solicitor’s separate duties to act in the best interests of two or more clients in the same or a related matter conflict.
Can a lawyer represent two clients in same case?
In some cases, yes. The American Bar Association (ABA), a group of legal professionals from throughout the country, note that in some situations an attorney can represent multiple clients in the same matter.
Can a law firm represent both parties UK?
Criteria for a firm acting for a buyer and seller Exceptionally, if specific criteria are met, the same firm can act for the seller and buyer, but only when both parties have a substantially common interest or they are competing for the same objective.
What should you not say to a lawyer?
- I forgot I had an appointment.
- I didn’t bring the documents related to my case.
- I have already done some of the work for you.
- My case will be easy money for you.
- I have already spoken with 5 other lawyers.
- Other lawyers don’t have my best interests at heart.
Can you admit guilt to your lawyer UK?
If you tell your lawyer that you are guilty of a criminal offence, they can still represent you. However, if you wish to plead ‘not guilty’ then your lawyer cannot positively suggest that you did not commit the offence.
How honest should you be with your lawyer?
Lawyers must be honest, but they do not have to be truthful. A criminal defense lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant’s whole story.
Is my wife entitled to half my savings UK?
A financial settlement provides a financial clean break, meaning that neither spouse can make any future claims against each other’s future assets, including personal savings.
Does length of marriage affect divorce settlement UK?
But does length of marriage affect divorce settlements in the UK? Yes the length of the marriage can have a significant impact on the determination of a divorce settlement. We’ll explore the potential differences in a fair divorce settlement for both short and long marriages and explain how and why they might differ.
Is my wife entitled to half my inheritance UK?
Generally, in England and Wales, all the marriage assets, unless stated otherwise in a prenup, will be pooled and treated as joint marital assets. However, money or property that you have inherited either prior or during the marriage can be considered as non-matrimonial assets.
How long does a divorce take UK?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.
Is husband entitled to wife’s pension?
Pensions built up during the marriage are considered matrimonial assets and as such the starting point is that they should be shared equally. In those circumstances, pensions would be equalised.
Is it better to be the petitioner or the respondent in a divorce?
Q: Is it better to be the petitioner or respondent in a divorce? A: There is no advantage to being either the petitioner or respondent in a divorce.
Do I have to support my wife after divorce?
As long as the couple remains married, the court does not set a time limit on spousal support. Maintenance on the other hand, is support the higher-earning spouse pays after the divorce is finalized.