An amicable divorce and a fair financial settlement are not necessarily the same thing.
Many couples want to avoid conflict and reach an agreement between themselves. That can be a positive approach, but it is important to make sure that an agreement is genuinely fair and not simply the result of one person feeling pressured into accepting less than they need or may be entitled to.
Can my ex pressure me into accepting a financial settlement?
Financial pressure can sometimes be difficult to recognise, particularly if it is presented as an attempt to keep the divorce “amicable”. For example, you may be told that involving Solicitors will make matters more difficult, that you should simply accept an offer to avoid arguments, or that challenging the proposed settlement will be too expensive.
If you feel that you are agreeing because you are worried about your former partner’s reaction, rather than because you believe the agreement is fair, it may be worth getting independent legal advice. At Johnson Astills, our Specialist Family Law Solicitors can advise you on the fairness of an agreement reached.
Can a Solicitor help me without making the divorce hostile?
In many cases, the role of a Solicitor is to help you reach an agreement, not to create conflict.
We can negotiate constructively with the other party or their Solicitor and seek to resolve matters as efficiently and amicably as possible.
However, being amicable does not mean failing to challenge something that appears unfair. If negotiations move away from a reasonable position, we can advise you about your options and ensure that your interests remain protected.
What if I just want to accept the offer to avoid an argument?
It is understandable to want to bring a difficult period to an end. However, a financial settlement can have long-term consequences. Agreeing to something simply because you feel pressured, exhausted or worried about confrontation may not be in your best interests.
Johnson Astills can provide independent advice before you accept an offer, to help you understand exactly what you are agreeing to and whether there are any issues you may have overlooked.
Does instructing a Solicitor mean I am being difficult?
Seeking legal advice is not the same as being confrontational. It is about making sure that you understand your position before making important decisions about your financial future.
You can instruct a Solicitor with the intention of reaching an amicable agreement while still making it clear that you want your needs and interests properly considered.
Who decides what happens in my financial settlement?
Your Solicitor takes your instructions. Our role is to provide specialist advice, explain your options and help you understand the potential consequences of different decisions.
We can advise you if we think a proposal is unfair or does not properly account for your needs, but ultimately you decide how you wish to proceed.
What does a Solicitor actually do in a divorce financial settlement?
A family Solicitor can help you understand the financial position, identify the relevant issues, advise you on potential settlements and negotiate on your behalf.
Our aim is to help you reach a fair resolution without unnecessary conflict.
We will seek to keep matters amicable where possible, but we will also make sure that you have someone “in your corner” if the negotiations become unreasonable or you are being asked to accept a settlement that does not properly reflect your circumstances.
Can I have an amicable divorce while still having someone “in my corner”?
You can approach your divorce constructively and genuinely want to reach an agreement, while knowing that your Solicitor is looking at the situation independently and advising you about whether your needs are being properly accounted for.
Divorce does not have to become a battle simply because you seek legal advice. In many cases, the best outcome is one where both parties can reach an amicable agreement with the benefit of clear, independent advice.
Our role is to listen to your instructions, understand what matters to you and provide clear, specialist advice about your financial position. We will aim to resolve matters amicably wherever possible, but we will also have your back if we believe that your needs are not being properly accounted for or that a proposed settlement is unfair.
If you would like some advice regarding your financial settlement upon divorce, please get in touch with the Family Team today – we would be more than happy to discuss your matter further.
You can call us at our Leicester office on 0116 255 4855 or our office in Loughborough on 01509 610 312. Alternatively, feel free to email us at legal@johnsonastills.com, or fill in our enquiry form.
