Nine Pitfalls of dealing with a divorce without legal advice
The prospect of seeking legal advice for a divorce can seem daunting, both emotionally and financially. The allure of a DIY approach, often driven by a desire to keep costs down, not rock the boat and make decisions yourself, can be tempting. However, venturing into the complex legal landscape of divorce without expert guidance can be fraught with pitfalls, potentially jeopardizing your rights and future financial and emotional well-being.
- Unforeseen Financial Complications
A poorly thought-out agreement or an oversight in identifying all assets can leave you vulnerable to future claims and financial hardship. Would you know what your pension entitlement is on divorce for example what entitlements you may be missing out on? Would you know what steps you need to take if you want a share of your spouse’s pension? Would you need professional advice to assist with that?
- Ambiguous and Unworkable Agreements
A DIY approach can lead to ambiguous language and unresolved issues, potentially escalating into costly disputes in the future. For example, an agreement reached may not work because you would need the agreement of your mortgagee, or you may overlook negotiations about assets or benefits that could be shared and which are then not incorporated into your agreement.
- Lack of Emotional Support
A DIY approach will mean not having the support of a legal professional who can guide you alongside the divorce journey and take the trauma out of dealing with correspondence and communications with your ex-partner. Having legal representation will enable you to make decisions based on fact and expert advice, rather than on emotional reactions and this can be invaluable.
- Your children need the best solution.
Are you able to make the best decisions for your children if you are dealing with emotionally charged issues on your own. Would you know the right experts to help support your children through their journey of adjustment to a new family dynamic and the changes they are going through?
- Risk of Conflict Escalation
Attempting to navigate the legal process without legal support can exacerbate tensions and complicate communication. Self-representation can fuel mistrust, hinder open dialogue, and increase the likelihood of acrimonious disputes.
- Changes in circumstances
Without a binding agreement or court order, any changes to your or your partner’s situations could lead to disagreement about the terms you have reached. You may find that your partner wish to renege upon the deal because of changes in circumstances. With a binding court order, they would not be able to do this.
- Inadequate Protection of Your Rights
An agreement about the financial side of your divorce must be set out in a consent order, lodged at court and approved by a Judge for you to be able to rely on it as a binding order. This can only be drafted by a specialist lawyer.
- Not getting a fair outcome?
Without legal guidance, you may unknowingly waive your rights to property, spousal support, or pension benefits. An experienced family solicitor can safeguard your interests and ensure you receive a fair and equitable settlement.
While the cost of legal representation may initially seem like an additional burden, the long-term benefits and support far outweigh the costs, especially if you would be financially worse off in the settlement without legal help.
- Risking your future options
Your priority may be to reach a quick agreement with your ex to get matters out of the way and move on, however thought should be given to how this will leave you in the future if you do not have expert advice, a fair and equitable division of your finances and access to third party experts such as financial advisors, pension advisors and life coaches to help you make the right decisions for your future .
Remember, divorce is not a do-it-yourself project. Invest in the expertise of an experienced family lawyer to ensure a fair outcome, peace of mind and certainty for your future. .
Contact us
Make an appointment today for an initial free consultation of 20 minutes to find out more about how we can help you. We also provide a strategy meeting in which we will advise on the process that should be followed, the next steps to take and fully review your circumstances. Either can be booked here
Jo: https://calendly.com/justfamilylaw_joanne
Georgina https://calendly.com/justfamilylaw_georgina
Contact us for for more information on 01962 217640 or email joannehouston@just-family-law.com
