January is often called ‘divorce month’ because of a spike in divorce enquiries. Benjamin Carter of local solicitors Edwards Duthie Shamash explains what to expect from your first meeting with a divorce solicitor
It is generally recognised that divorce or separation is one of the most stressful events that can take place in someone’s life, with only the death of a spouse or close family member being ranked higher.
You can get divorced in England or Wales if all of the following are true: you’ve been married for over a year, your relationship has permanently broken down and your marriage is legally recognised in the UK (including same-sex marriage).
The process will very often involve interaction with a divorce solicitor and the purpose of this article is to set out what might be expected during that first meeting. As a first point, it should be stressed that most divorce solicitors are easy-going, sympathetic and understanding. Your solicitor will tell you what you need to bring to the meeting; this is normally just your passport and a bank statement for ID purposes. It is also helpful if details of your assets can be prepared in advance and set out on a single side of paper.
One of the first things your solicitor will be thinking about is whether there are protective steps that need to be taken. This may include an application for a non-molestation injunction order if you feel there is a risk your spouse’s behaviour is deteriorating to such an extent you need protection.
The other issue will be whether the family home is in joint names. If it is in the sole name of your spouse, this should ring alarm bells; your spouse could seek to raise further funds by way of remortgage or even try to sell the property without your knowledge. To protect your position, your interest in the property should be registered with the Land Registry.
If there is a risk your spouse may be seeking to transfer assets out of the jurisdiction of the court or trying to diminish the value of any assets, then consideration will need to be given to the making of an application to the court for a financial injunction order, whereby your spouse’s assets are frozen.
Your solicitor will generally be unable to give a view as to what the outcome of your case might be in terms of how the assets may be divided until such time as they have full disclosure of your spouse’s financial circumstances. This may be disappointing but such a view cannot be given without a clear picture of the overall wealth of the family. Any agreement as to how the assets are to be divided must be set out in a court order before the deal becomes binding.
It is also necessary to start the divorce process itself, which will lead to a final order of divorce. This can now be done online via the gov.uk website.
Edwards Duthie Shamash is located at 149 High Street, Wanstead, E11 2RL. For more information, call 020 8514 9000 or visit edwardsduthieshamash.co.uk
