Terry & Co.

Marriage breakdown - the various issues involved

 


 

 

 

 

 


Marriage breakdown may lead to a number of problems of which divorce is the most obvious. However, very often there are associated problems relating to children (residence, contact, access, maintenance etc) and\or matrimonial property (how the matrimonial assets are to be divided up).Unmarried couples are in a very different position so far as "matrimonial property" is concerned because the legal rules applied in that case are quite different. Both married and unmarried couples may, however, face similar problems involving children and\or domestic violence. In the latter case an injunction may be required. Legal Aid also very often has an important role to play and its influence is by no means always fair.

 

On any of these matters it is extremely important to have sound advice and the choice of solicitor is very important. It is all too easy for solicitors to become involved on both sides and before you know where you are you are caught up in a whirlwind of vituperative correspondence which makes money for the lawyers but which bites into the pockets of clients and causes more bitterness all round. There is nothing worse for a client than an intransigent solicitor who raises unrealistic expectations and who presses ahead to court hearings come what may. Of course, that should not happen but, unfortunately, it is too common.

 

Many couples can, and do, resolve their problems directly between themselves and it is much better to do this if at all possible. You should remember, though, that it is not sensible to come to any sort of agreement without knowing one's legal rights and so it is always prudent to find out about these beforehand. Legal advice may still be necessary and a solicitor can help draw up the agreement. Doing it this way can often make the whole process very much less traumatic although it has to be admitted that the attitude on the other side can sometimes make such "amicable" arrangements impossible. Again, the choice of solicitor is vital.

 

Finally there are specific issues about divorce of concern to men to which great attention needs to be paid if the man is not to come out of the process feeling aggrieved and embittered. All too often the man comes out of a divorce feeling that he has lost his wife, house and children. It is important to understand why this sometimes happens and to know what, if anything, can be done about it. Although the law is, in theory, even-handed that is very often not the practical result as many former husbands will readily confirm.

 

If court proceedings are unavoidable (and they are often necessary for perfectly good reasons) then the choice of solicitor is more important than ever. Probably the best means of making that choice is by relying on the recommendation of a person whose judgment you trust. Please contact David Terry at David_Terry@dterry.demon.co.uk if you need any further information.