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4 questions consider when deciding whether to litigate or settle for divorce

We’re all familiar with what the purpose of divorce is, but we may not be familiar with how the process works. Disagreements are likely to be had in terms of possessions and custody each partner should have. This can raise the question of whether court proceedings are required to agree.

Before you consider this, there should be questions you should ask yourself on whether it’s a possible option. 

What are the issues not agreed between both parties?

Whilst disagreements to do with custody of children and support for a spouse, other elements can be more complications. In which case, it may be worth resolving this in court. Negotiations on the matter are likely to give you an indication of whether you could agree or whether there’s no possibility at all.

Taking proceedings to a judge can be expensive as there are fees outside of the court that need to be catered for. This will include putting in an initial claim and then paying fees for litigation solicitors Manchester based on the advice.

Is a trial worth the time and expense?

Depending on what you’re negotiating and how well talks appear to be going, there’s a chance that you might not get the result you wanted. This begs the question of whether time and expense worth the possibility of a negative outcome for you.

Get a better feeling of where you stand at the moment and if a trial is worth trying, even with the additional expenses and time it’ll take to come to a decision. If not, then it may be worth settling.

What impact will it have on the family? 

It’s important to not only think about yourself in this situation but also the people closest to you and how it will affect them too. Your children and closest family members are likely to be present in court or around you during the trial taking place. This will be extremely for them whilst they’re around you.

Not only this but what about their futures as well as your own. You’re likely to become a single parent, what future will your children have? Would it be worth speaking to a contentious probate solicitor about future estate planning?

Judges will be impartial – do I have a big enough case? 

The judge taking the trial won’t know your complete personal circumstances and they’ll only base their decision off what they hear in court. This is where you need to consider whether what you’re appealing for will be enough to win your rights and if you can file an appeal.

Weigh up your options

It’s unfortunate to think that your relationship with your partner has ended up in divorce but it’s now the time to put your front forward and decide the next steps. 

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