It's very good when a divorcing couple can settle their differences and work out a divorce agreement between themselves; they can then have legal documents for their divorce drawn up and finalized. However, it's often the case that a couple will disagree on many matters during a divorce, some of which are better left to a solicitor to negotiate.
How do you know when you should have your disagreements handled by a solicitor in order to protect your interests? Note the following considerations:
1. When one spouse threatens to cut off the other financially
The law will dictate and determine what is considered joint property and what one spouse should pay the other by way of support, and if your spouse is threatening to empty the bank account, or has already done this, it's good to call a solicitor right away. He or she can protect your financial interests or ensure that you are allowed emergency funds, if possible, and ensure that your spouse does not walk away with more of his or her share of the marital assets or monies.
2. When there are threats of physical abuse
If a spouse threatens you or your children physically, you want to call a solicitor to have papers drawn up that will keep your spouse away from your home, your children's school, and the like. These papers can allow you to call the police and have your spouse removed from the property legally, if they should enter your home or try to take the children from their school without legal visitation rights.
3. When you have many family assets or property
In many cases, property you owned when you entered the marriage become the property of both spouses, but if you have family property or other such assets you want to protect, you should call a solicitor. He or she can see about negotiating to keep those assets or certain pieces of property in the family.
This is especially true if there were any verbal agreements between you, that your spouse would return certain jewelry or cars or ensure that a vacation home stayed in the family of origin if there was a divorce. A solicitor can ensure those agreements are kept during the divorce proceedings.
Remember too that if you're not sure of your rights or financial situation or the paperwork needed during a divorce, you want to call a solicitor in your area at least for a consultation. He or she can give you advice on how to proceed and protect your rights.
Share20 July 2015
I love reading novels that involve complex legal cases. I particularly enjoy those that are told from the defendant's viewpoint, but any well-written legal fiction will capture my imagination. My interest comes from being a court stenographer when I was much younger and seeing the dramas in real-life! Nothing irritates me more than a novel which includes legal fallacies. Fiction or not, I am a stickler for accuracy. I like to do research and check if a court case in one of my novels could play out in real life. It has become quite a hobby and I spend a lot of time in the law section of my university's library. I'm sure there are other people who are interested in the law for various reasons and I would like to share some of the knowledge I've gained. I hope you find my blog fascinating and worthwhile.