Do I need a solicitor if the assets in our marital pot are straightforward?

When separating from a spouse or civil partner, it can be tempting to assume that legal advice is unnecessary if there are only modest assets involved. Many people believe that if there is no substantial wealth, property portfolio or large pension, reaching an agreement should be straightforward. However, even in cases involving relatively limited assets, obtaining legal advice is often just as important.

Although it may seem more straightforward to divide the family home, the ISAs and pensions rather than a tech billionaire’s property portfolio and businesses, you may argue that the stakes are even higher for an ordinary family trying to re-house the children and make sure they can stay afloat in retirement. A clear strategy and an understanding of both the client and their spouse or civil partner can be essential in helping them to navigate a particularly difficult point in their lives and achieve the best possible outcome with as little stress as possible.

We regularly see clients come to us after they have tried their very best to limit costs at the beginning. Unfortunately, they can end up with higher costs (and slower progress) overall as they have gone down the wrong road or simply reached an impasse when they’ve already conceded too much. Or, worse, are clients who reached an agreement without legal advice and then years later contact us because they find themselves struggling with the consequences they didn’t understand or foresee at the time.

Timely and sensible legal advice can help people understand their rights and obligations, ensure that appropriate financial disclosure has taken place, and identify issues that may otherwise be overlooked. It can also provide reassurance that any proposed settlement is reasonable and sustainable for the future. Importantly, a financial agreement reached following divorce is not usually legally binding unless it has been approved by the court, meaning financial claims may remain open long after the divorce has been finalised.

Seeking advice at an early stage does not have to increase conflict or costs. In many cases, it helps separating couples reach a fair settlement more quickly and with greater confidence, reducing the risk of disputes arising later. Every family’s circumstances are different, and at Debenhams Ottaway our aim is to provide clear, practical advice that is proportionate to your family’s situation, helping you make informed decisions and secure the right outcome without spending more than is necessary.

If you’re not sure if you do need legal advice, get in touch.