Divorce

Liz65

Hi,
Could I ask for some advice please on behalf of my son?
He and his wife are getting a divorce and have two children aged 10 and 11.
He has been looking to get a solicitor and wants to know what he should ask them so he can make an informed decision when deciding who to go with. 
I think I am right in saying he needs a solicitor who deals with family law?
His wife is being a bit nasty so I want to make sure he gets what he is due.
Thank you in advance.

RAS

He would be wise to start by reviewing wikivorce, which specialises in supporting people divorcing. 

Note that getting a divorce is best done without a lawyer. They can even do a cheaper joint divorce but really it's only form filling and paying a fee.

It's the financial settlement where a lawyer might be needed and a good one who specialises in mediated divorce is better.

He would be wise to start by getting a free half hour and looking at wikivorce to understand what the likely outcomes of the financial settlement are and what winds up the courts. Then offer mediation, knowing what the parameters are. 

Many couples agree a settlement, get a solicitor to write it up, and both get independent advice before getting a court to rubber stamp it. 

Others spend a decade engaged in intercine warfare. Guess which the kids prefer?

AskAsk

you don't need a solicitor for the divorce application, which can be done online.  you need solicitor for the second part of the divorce, the financial settlement.  i have done the first part myself and it is very quick to do but you are advised to print out D8 form and complete that before doing it online as the online process is not as clear as the paper application form even though it is supposed to be the mirror of the paper form.

you have to wait 20 weeks after the application as a cooling off period before you can apply for a conditional order, which is effectively telling them that you haven't changed your mind.

call a few local solicitors who does family law and a lot of them will give you 20 minutes free advice.  i found ones for £250 per hour to £330 per hour.

VyEu

Two sections:
1) divorce. This is done online. Your son can do it himself, whether it's a sole or a joint application it literally makes no difference although some people like to think it does. Do not, at all, use the paper version. It is slower, may not even be accepted. the poster above is wrong.

2) finances. He doesn't  need a solicitor to negotiate for him and the parties are free to make their own agreement. but before you start negotiating, he should see a solicitor beforehand to know his rights, her right, and get a steer as to what its in the matrimonial pot and if it were to go to court, what the court would consider when deciding what a fair split is. Don't forget pensions! Default is 50/50 of the pot unless convincing reason to deviate. 

If you can agree, solicitor draws up consent order and form D81 i.e. statement of financial information. This sets out what the parties have now and what they will have (capital and income) after the order is made. Both parties will need their own solicitor, the one drawing it up can only act for one party. If court thinks the consent order and the financial position is broadly fair, then they'll approve it. If they have questions, they'll ask them. They can also reject the order if it's hideously one sided with no good reason.

If you can't agree between yourselves, try mediation.

If that fails, then speak to a solicitor. Usual route is both parties complete voluntary financial disclosure (no court yet) in Form E. That firms the basis of what next steps are required (questionnaires, enquiries as to borrowing capacity etc).

If voluntary basis doesn't work, then he goes to court by issuing Form A. And then the court process starts.