Divorce Advice
Your First Meeting
If you decide that you require specialist help to advise on and manage your divorce, at Diane Genders Solicitors we offer three ways forward
We are pleased to invite you to our offices to meet the team and ask general questions about the divorce process.
With this approach, you will be able to see if you would feel comfortable working with us or not from your first meeting.
There is no charge for this but please be advised that we will not be able to discuss the details of your personal situation.
If you need to discuss your circumstances but are not ready to instruct us to act on your behalf we will offer you a half hour or one-hour fixed fee meeting.
We will ask you initially fill in a short checklist of key facts and then to brief us on your situation. From this, we can make recommendations and outline a plan of action to get you to where you want to be.
At this stage, you are under no obligation to formally instruct us to act for you but you can if you wish. You can also consider things over a few days in light of what we have recommended and formally instruct us or indeed have another fixed fee meeting to cover additional points arising from the first meeting.
There is a charge for this meeting.
If you feel you know all you need to know about us then you can come in and instruct us to represent you and the work will start immediately.
You will be provided with our Terms of Business and will be advised who will be working on your behalf and their relevant charge rates. You will also be advised of our estimated costs to completion of your matter based upon the information we have at the time. This estimate will be revised as the matter progresses and we get to know more about what needs to be done.
What do we discuss with you at your first meeting?
This section lists a series of typical questions and concerns, that our years of experience has told us matters to people facing divorce or separation. Please read these topics, consider which might be relevant to you and write down your thoughts or questions to discuss at your first meeting. This will prepare you for the process and will save time in the long run and thus your money.
Divorce and Separation
- How does it work (if I decide to divorce)?
- Are there any other options?
- Can I do it myself?
- What if my husband/wife and I reach a financial agreement together?
- Why might I need legal advice/representation?
- Can we both see the same solicitor?
- What is the difference between divorce and separation?
- Situations when divorce is the best option.
- Situations when separation is the best option.
- How do I go about getting divorced?
- Are there any benefits to being the one to file the Petition?
- What if my husband/wife ignores the Petition
- How long will it take?
- What does it cost?
- Do I have to go to Court and see my husband/wife?
- How can I prove my husband/wife’s adultery?
- Are there any pitfalls in a DIY divorce?
- What is mediation?
- Is there an option to go to court to sort out finances etc.?
- How does the Court decide who gets what?
- How can I prove my husband/wife’s unreasonable behaviour? How bad does it need to be? I don’t want to upset him/her.
- Can I lock him/her out?
- People say I should get an Injunction. What does this mean?
Separation
- I don’t want a divorce; can I still sort out finances?
- What is a Separation Deed? Is it binding?
- Can I obtain a pension share without a divorce?
- Can I remarry with a Judicial Separation?
- What If my partner/spouse changes his/her mind?
- What if my partner/spouse dies before we reach an agreement?
- I don’t want a divorce but we want to sort out our finances in case the marriage does break down after all.
Finances
- Am I entitled to any maintenance?
- Shall I have to sell the house?
- Will I have enough to live on?
- What about his/her pension?
- Can I keep my inheritance?
- What if my relative dies before we divorce?
- Do I have to tell him/her about my secret account?
- Can I photocopy his/her bank statements?
- Will I be liable for his/her debts?
- What if he/she doesn’t pay their share of the mortgage?
- Can I force him/her to leave the house?
- He/she won’t let me collect my possessions what can I do?
- My husband/wife says they will give up their job if I ask for maintenance.
Contributions to Assets
- Will I get any credit because I paid all the deposit for the house?
- I had savings when we married: now I have nothing left is this considered.
- He/she’s barely worked since we met: will I have to pay maintenance?
- She’s never worked since our child was born. Does she have to work now?
- Does it matter that everything is in my husband/wife’s name?
Children
- What happens to the children if we cannot agree where/with whom they should live?
- What happens to the children?
- What if he/she doesn’t bring them back after a visit?
- What can I do if my partner/spouse wants to move away with my children?
- What if the children say they don’t want to see their mother/father?
- What if the children say they don’t want to see me?
- What am I entitled to/must I pay in child support?
- Can I appeal the decision?
- Can I change my children’s surname?
- Can my children from my previous relationship benefit if I die?