Why do I need a Solicitor for Separation?

On separation, many couples wish to maintain some form of relationship, for example because they have children and they want to avoid animosity between themselves. In such situations, an amicable settlement is sometimes agreed upon without referring to a solicitor in order to both save costs and avoid the risk of things turning sour. A couple may decide to simply ‘split the house’ - but without seeking legal advice, such an agreement may not be relied upon in future. You may find yourself open to a claim from your former spouse if the agreement you reach between you is not watertight, or later turns out not to have been fair. It is therefore important to get professional legal advice even when an ‘amicable agreement’ is reached, as a solicitor will ensure the agreement is both equitable and that your former spouse cannot claim against you financially in the future. You may think your ex-partner “would not do that”, but this does not always prove to be the case. The following examples highlight situations where a former spouse may make a claim against the other in the absence of a formal agreement: • If one party’s financial circumstances change, for instance if they were to become disabled, and their former spouse is financially very comfortable. • If one of the parties has received an inheritance. • If one party belatedly learns that it was not a fair settlement. • If one party dies and the other one wishes to claim against the estate. • If it becomes clear that one party withheld information at the time the agreement was reached. Lawson-West family solicitors are members of and adhere to the code of practice of Resolution. They are committed to resolving disputes in a non-confrontational and constructive way, designed to preserve people’s dignity and to encourage agreements. Members of Resolution are required to:- o Conduct matters in a constructive and non-confrontational way o Avoid use of inflammatory language both written and spoken o Retain professional objectivity and respect for everyone involved o Take into account the long term consequences of actions and communications as well as the short term implications o Encourage clients to put the best interests of the children first o Emphasise to clients the importance of being open and honest in all dealings o Make clients aware of the benefits of behaving in a civilised way o Keep financial and children issues separate o Ensure that consideration is given to balancing the benefits of any steps against the likely costs – financial or emotional o Inform clients of the options e.g. counselling, family therapy, round table negotiations, mediation, collaborative law and court proceedings o Abide by the Resolution Guides to Good Practice. If you would like to discuss making an agreement, or for advice on any aspect of divorce or separation, please contact James Haworth on 0116 212 1080.