Deciding to divorce is not an easy decision for anyone to make, let alone an easy process to go through. However if you go into it with a full understanding of what is going to happen might make it a little more bearable. For one, you should recognise that you’ll have to enlist the services of a lawyer to help you navigate the complex legal proceedings.
So what exactly will your family law solicitor - London based or otherwise, it doesn’t matter – have to consider when guiding you through a divorce?
If there are any children involved, you may wish either to fight for custody or work out a regime whereby you can have equal access to your children. This all depends on how amicable the separation has been. Sadly, in some cases, the whole thing can get quite ugly – particularly if one parent feels the other is unfit to care for his/her children. If you’ve been involved in quite an amicable break-up though, it might be easier just to decide that you will take car of them one week and your partner the next. Your lawyer will help you figure this out.
If you have any joint possessions, like a car or a boat, then your lawyers will help you work out who receives what from the settlement. It might be based on who literally owns it (like if your partner’s name is on the car papers); or if you did literally jointly buy the possession, who has greater need for it – perhaps partially based on the your childrens’ requirements.
This is always a tough one, because it can be hard to determine who should move out of any joint properties and who should stay. This again is a decision that may rest on what’s best for any children involved; for example, if one partner will have access through the five working days and the other on the weekends, favour may fall with the former. This is simply because it might provide a more solid base for the kids.