4 Questions To Ask Your Divorce Solicitor

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4 Questions To Ask Your Divorce Solicitor

In a divorce, there are a million concerns that are swirling around in your head as you embark on this daunting and overwhelming process. One of the ways to ease your concerns is to be educated about the divorce process, and this requires you to ask the right questions before you begin this journey.

In your divorce journey, there are benefits to consulting with a solicitor to obtain the answers you need for your divorce. So what kinds of questions should you ask a solicitor before you get started?

1. What Costs Can I Anticipate? A divorce is a costly process. Even if you are a multi-millionaire with endless resources of cash, the costs associated with divorce should still be a concern. Your goal is to save your money and use it for you and your family going forward, and not necessarily on legal fees and unnecessary litigation. Each and every law firm will have its own legal fees and costs structure so you need to ask how that fee structure works so that you are aware of how your money will be spent and you can then plan to put aside necessary funds for the divorce process.

2. What Exposure Do I Have Related to Maintenance? One of the main issues you will want to discuss in an initial consultation is your exposure for maintenance for your spouse and/or your children. Whether you are the payor or payee spouse, you will want the solicitor to explain how maintenance is determined by the Family Court in Hong Kong and if possible, give you a general idea of what your exposure is based on the information you provide to the solicitor. It will be important to bring as much financial documentation/information with you to your initial consultation so the solicitor can review your family’s overall financial picture.

3. How Is Child Custody and Care and Access Determined? If you are concerned about child sharing, ask the solicitor what the Family Court will consider when making a determination related to child custody and care and access. It is also a good idea to be transparent with the solicitor on how childcare is currently shared between you and your spouse and what you envision or wish it to look like upon a divorce. Your solicitor can then set out a plan with you on how to achieve your goals with respect to child custody, care and access.

4. What Information Is Needed From Me? When you are consulting with a solicitor, you should be provided with helpful resources on how to get started, in addition to a list of information that you will need to gather to prepare for the process ahead. Initially you will be required to provide a lot of information regarding the children and financial disclosures in order to submit to the Family Court. These documents are mandatory in order to prepare for the process necessary to divorce.

What they say is true, “knowledge is power” and by asking the right questions, you will be educated and armed with information that is beneficial in helping you meet your goals and moving your case towards resolution.

When Divorce Is A Bad Idea

Determining whether to move forward with a divorce is a decision that needs to be made wisely and should be made based on legitimate reasoning. Divorce is a long, emotional process and the decision to divorce should not be taken lightly or made impulsively. It is important to note that there is always time to change your mind, even if the divorce train is well on its way. Regardless of your situation, it is always a good option to work on the relationship before making a final decision to divorce, especially if the following applies:

1. You waiver about divorce: If you waiver over whether to divorce or not, it is better to err on the side of caution and try working on the relationship before opting for divorce. When you waiver, it perhaps it is a sign that there remains confusion over whether this is the best decision for you and your family and there is still an attachment to the idea of remaining in the relationship.

2. You have not yet thought through the entire process: If you have not thought through the entire process of divorce, you may not be ready for a divorce. It is important to do things such as: thinking through the entire process includes reading articles and books that outline what you can expect in a divorce and also talking to friends about their experiences in a divorce can also help you through the process. Making an appointment with experts like your financial planner may also be a good idea so you know what your financial picture will look like in a divorce. What about your children and how it will affect them? Would you move and if so, what schools would your children be enrolled in if you and your spouse divorce? Will your spouse agree with your decision to move because if he/she does not agree, it could turn into a very litigious and expensive divorce. And most importantly, do you still love your spouse? Imagine a life without this person and go from there.

3. You and your spouse are willing to try counseling: It is important that before you make a final decision to divorce, that you and your spouse have exhausted all avenues of repairing your relationship. One option to assist and heal your relationship is through counseling, whether it be individual therapy or couples therapy. It is important to remember though, that therapy is not a quick fix for your relationship, but it requires time, energy and financial investment. Thus, you and your spouse need to be willing to put in the time and effort in therapy to try and make the relationship work.

The decision to divorce should not be taken lightly since it will be a life-altering event. Consider some of the key points outlined above and make sure you make an informed, rational decision before taking this course of action.

Potential Risks When Litigating Relocation in Divorce

For our last installment in this three-part relocation series, we are going to explore the potential risks that you may face when you decide to litigate a relocation application in the Family Court in Hong Kong. Generally speaking, it is always a better option to come to agreements with your ex-spouse rather than litigate matters in the Family Court. However, it is sometimes an impossibility you’re your ex-spouse is not reasonable and/or not willing to resolve matters outside of Court, whether it be agreements made directly with one another or through mediation. Relocation is a heated discussion between divorcing couples if there is no agreement. Thus, let’s look at some of the potential risks you should consider before you proceed and make your case before a judge. Bear in mind that these are only “potential” risks and each outcome will depend on the circumstances of your case and the judge deciding the outcome.

1. Less Time With Your Children: In our previous article, we explained that if you file an application in bad faith (eg. To alienate the other parent from the children) and this is revealed to the judge, you may expose yourself to a change in your custody and visitation orders. Thus, it is extremely important that the focus of your relocation application is the welfare of your child. A relocation application should never be filed to cause a rift or disrupt the bond between your ex-spouse and your child.

2. Money and Time Spent: A relocation application is not a quick and easy process. You may find yourself waiting for months before you are heard before the Family Court and once the process begins to move through the Court process, it could take significant time before an order is made by the judge. Moreover, solicitor and barrister fees and costs will also pile up rather quickly and you should anticipate having to pay significant fees to litigate your matter.

3. Psychological Damage: There is no definitive evidence to suggest that a relocation will have any psychological impact on your children, but there is some research out there that suggests it could have a long-term impact on a child’s psychology. This is definitely something to consider and watch out for. Look for signs of stress and anxiety in your child. Think about what kind of effect this might have long-term knowing your child’s unique personality and bond with the other parent. If anything, a relocation could potentially cause more distress than the usual divorce due to your child being uprooted.

4. Hague Convention Risks: In the event that you make a unilateral decision and you move your child to another country without consent or a court order, you will be subject to The Hague Convention on the Civil Aspects of International Child Abduction. It is considered child abduction if you wrongfully remove a child from their home state. Fleeing Hong Kong without written consent by the other parent or court order is risky business and you should seriously reconsider your decision and you should consult with a solicitor who can inform you of all the risk.

Being prepared will help you overcome any obstacles you may face in a relocation application before the Hong Kong court and should be taken seriously to avoid any significant adverse repercussions upon yourself or the children.

Considerations Before Relocating Your Children

Hong Kong is a cosmopolitan city, attracting many individuals from various countries to live, work and raise children. In the heat of a divorce, many expatriates may decide they no longer want to remain in Hong Kong and many times, individuals decide to relocate back to their home country. Unfortunately, this may be a complicated situation if you and your spouse are from different countries and the neutral destination to raise your children may continue to be Hong Kong. With that being said, if you are set on relocating with the children in the midst of a divorce, there are important things to consider before you make a final decision to move away with your children.

First of all, if your spouse does not agree to you and your children’s relocation, your plan for a fresh start may not be as easy as you think. Relocation applications can be extremely expensive and can result in a long drawn-out litigated process through the Family Court system. While the Family Court will consider your request to move the children out of Hong Kong, it is usually not a quick decision but rather a well thought-out order by the Family Court. Thus, it could be months or even years before you are given the green light to move with your children to another country.

Before you make a decision to remove your children from Hong Kong, here are some helpful tips to consider before you make this life-altering decision:

1. Think About the Best Interests of Your Children
Is this move beneficial for your children? When you relocate your children, you are moving them away from the other parent. That may be appealing to you in a messy divorce, but to your children, this may be a devastating reality. Think about what is in the best interests of your children first and foremost. If your ex-spouse has an equal timeshare with the children, it may not be that easy to move the children away from their current home country. You will also want to consider the fact that you may be moving your children away from the support system (both family and friends) that they are used to. When this becomes a litigated matter, your desire to move away may not happen immediately, so you also need to consider what the best timing is for your children’s transition in this relocation. If your children are old enough to understand your decision to move, you may want to have open dialogue with them as to their wishes on whether they want to move at all.

2. Have a Plan
Have you thought out the relocation plan all the way through? What school will your children attend and is this school up to par with the current school that your children are attending? Who is going to help care for the children when you are unable to be there for them? Do you have family and/or friends who are in the vicinity to help with childcare and be a support system to you and your children? Do you have a job lined up and is this really a better opportunity than the current employment situation that you are facing in Hong Kong? These are just a few questions to ask yourself prior to the relocation of your family. These are also some questions the Court will want you to explain prior to making its decision so it is important to have a plan and not make a decision based on a whim.

3. Communicate With the Other Parent
Communicate with the other parent about your desire to move. You may be surprised that he or she may be willing to work with you in allowing the relocation. This will also help you avoid costs associated with a litigated motion to move. Communicating with the other parent will also help you and your ex-spouse figure out an appropriate parenting plan and visitation schedule, which may include online “virtual visitation” through Skype, Facetime or ZOOM. It is also important to discuss travel expenses for visitation now that the two of you are no longer living in the same city/country. Open communication may reduce conflict between you and your ex-spouse and reassures the other parent that you are not trying to cut him or her out of the children’s lives. It shows the other parent that you want them to be involved despite the distance.

These are some important questions to ponder upon before you make an ultimate decision to move forward with a relocation application. It is important to remember that Hong Kong is a member of The Hague Convention on the Civil Aspects of International Child Abduction and any individual who unilaterally and wrongfully removes a child from the jurisdiction will be subject to the Convention. Thus, it is important that you speak to a solicitor in this process so that he/she will be able to help you navigate the legal system in this life-changing decision. Ultimately, this should not be an impulsive decision but one that is well thought out and planned appropriately.

Reasons To Break Up With Your Divorce Solicitor

When you are in a rocky relationship, there may come a time when you realize it is in your best interest to break up and move on. Breaking up is hard to do, especially when you are invested in the relationship and the uncertainty of what lies ahead is daunting. In a divorce, this is especially true since all the comforts of your past are no longer the face of your future.

In a divorce, you are mourning the death of your relationship and so the last thing you want to worry about is another difficult relationship…but with your divorce solicitor. If anything, the legal assistance that you seek and require in this difficult circumstance should somewhat ease the burden your divorce.

Unfortunately, that is not always the reality for some individuals who are in difficult solicitor-client relationships. But how do you know you are in a solicitor-client relationship terrible enough to warrant a break-up?

Here are five signs that it might be time to cut-ties with your divorce solicitor and find a better fit for you and your situation:

1. Your solicitor blows you off: If your solicitor does not return your calls or emails within a reasonable time frame, this may be cause for concern. Communication with your solicitor is key in order to move your case forward and to resolution. If he or she refuses to return your calls or answer your questions, it might be time to start looking for alternative representation and find a solicitor who will pay attention to you and your concerns.

2. Your solicitor keeps you in the dark about your case: It is not in your best interests if your solicitor is not keeping you informed of the details of your case. For example, if you are kept in the dark about communications your solicitor is having with your spouse’s solicitor, or you are not privy to documents being prepared or exchanged on your behalf, then it is time to raise the red flag. You have the right to know what is happening in your case, so demand it.

3. Your solicitor makes unilateral decisions without your input or approval: While your solicitor is knowledgeable about the legalities of your case, your input and approval is necessary because the decisions will affect your life. That is why it is important that your solicitor consults with you before any major decisions are made about your case. As such, if you do not understand the terms and concepts of what is occurring, it is imperative that you ask your solicitor to explain the process and what it will mean for you and your family now and in the long-term.

4. You and your solicitor do not see eye-to-eye on strategy: In a divorce, you will be faced with very important choices as to how you want your case to proceed. While there may be moments where you and your solicitor may disagree, there should be agreement on the overall strategy in terms of bringing your case to resolution. If you are inclined to proceed with a mediated divorce and your solicitor is pushing you towards a more aggressive and litigated divorce or vice versa, your current solicitor-client relationship may not necessarily be the best fit. To avoid any surprises, it is best to discuss your vision from the get-go of your relationship.

5. Your solicitor has not prepared for Court: If you get the sense that your solicitor does not know the details of your case and is not prepared for court or has not prepared the barrister to represent you at court, then it may be prudent to start asking your solicitor questions about his or her lack of preparation. You have hired your solicitor to represent your interests and to be your voice. If he or she does not know your case and you are doing much of the legwork, it may be in your best interest to move on to a new solicitor-client relationship.

Remember that in a divorce, you are already dealing with a challenging situation. Your solicitor should not make the process more difficult, but rather assist you in navigating the somewhat overwhelming legal system. Like any healthy relationship, communication is key!

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