When it comes down to it, I believe divorce comes down to two things. Between newspapers, television, magazines, the Government, friends, family and particularly law firms, the amount of time dedicated to talking about different aspects of divorce and relationships breakdown can make it all seem pretty confusing. This does not help someone who is in an unhappy relationship and trying to make an informed decision on the best way forward. Feeling intimidated by the process and all the different options is not going to help them make the right choice.
Mediation, ADR, collaborative divorce, negotiation and courts. All these things can be important. However, they can also be unnecessary or simply part of a legal process if the two essentials are correctly addressed.
Some people get hung up on the grounds for divorce. There are essentially four grounds. This is not a tricky area and easily addressed with the right advice.
“To pre-nup or not to pre-nup” is something that can make people anxious earlier on in a relationship. Again, get the basics right and this is easily dealt with.
The division of assets in the event of a relationship termination is made significantly easier if you follow the two golden rules.
Divorce across borders or divorce for ex-pats holds its own complexities. However, whichever country you are in, those two essentials will make any divorce go more smoothly, no matter where this is. I know this because I have discussed this theory with lawyers in the US, Canada and Australia and all agree.
So, in nutshell, what are the two things vital to a constructive, efficient and successful divorce? A good, experienced, specialist family lawyer and a sensible, constructive view from the client. Anything else, really, is just helping to fill the gaps left if those two essentials are not properly deployed.
Andrew Woolley
Divorce solicitor