Divorce Attorney

Many people considering ending their marriage begin their search by looking for a ‘divorce attorney’, a term that appears regularly in American television and film and has become familiar as a result. In England and Wales ,the professional you need is a solicitor, and while the title differs, the role is broadly the same. This article explains what that role involves, which parts of a divorce require professional help, and how to work with a solicitor in a way that keeps your costs down.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

“Not in any way intimidating. Their positive attitude takes the stress out of situations.” (Ms Scott)

How Does A Divorce Attorney Differ From A Divorce Solicitor?

In the United States, an attorney both advises clients and appears in court. In England and Wales, those functions have traditionally been divided between solicitors and barristers, although the distinction is far less rigid than it once was, and many family solicitors conduct hearings themselves.

For most people going through a divorce, the practical reality is that a solicitor will handle your matter from beginning to end. If your case reaches a stage where a barrister would add value, usually a contested final hearing or a point of unusual complexity, your solicitor will discuss it with you and instruct one on your behalf. You will still work closely with your solicitor, and they will remain your point of contact.

What Does A Divorce Solicitor Do?

The paperwork that ends a marriage is a relatively small part of the process. Most of the real work concerns finances, and a good deal of it concerns children.

On the financial side, our task is to establish what there is, understand what it is worth, and then reach a settlement that reflects the circumstances of the family. That involves scrutinising the disclosure provided by the other side, questioning valuations, considering how pensions should be dealt with, and thinking about how a settlement will function in practice over the coming years rather than only on the day it is signed. Where a business is involved, or where assets are located abroad, the work becomes more detailed.

Where children are concerned, our work involves helping parents agree arrangements that suit the children rather than the parents, and about representing you properly when agreement cannot be reached.

When Do You Need A Divorce Solicitor?

Some divorces are simple. If the marriage was short, there are no children, no property and no pension pots, and you and your spouse agree on everything, you may need little more than guidance to check that nothing has been missed.

There are situations, however, where proceeding without legal advice carries real risk. These include marriages where there are pensions of any significance, since pensions are frequently the largest asset after the family home and are regularly overlooked. They include cases where one spouse owns a business, where property was owned before the marriage or received by inheritance, where there is a substantial difference in income or earning capacity, and where one of you has been out of work to raise children. They also include any case where you suspect that the disclosure you have been given is incomplete, and any case involving concerns about safety.

How Do We Keep The Cost Proportionate?

At Birch & Co we take the view that your money is far better spent on rebuilding your life than on prolonged court proceedings, and we look for the least adversarial route to a proper outcome. As members of Resolution, we approach negotiations constructively, and we make use of mediation and arbitration where they are likely to produce a result more quickly and at less expense to our clients than litigation.

Working With Your Solicitor

The solicitor/client relationship works best when the client feels at ease and able to speak openly with their solicitor. At Birch and Co, our divorce solicitors understand that clients often come to us during a stressful time, and we go out of our way to put them at ease. We will take the time to understand your situation and explain the reasoning behind our advice rather than merely stating a conclusion, and we will be on hand to answer any queries and address any concerns as they arise.

Speak To Birch & Co

Our divorce solicitors in Gosforth have experience in all aspects of divorce law and practice. We can advise you on all issues that arise as a result of your divorce, including the process, financial matters, and arrangements for your children.