As Christmas 2022 comes to a close, Family Lawyers across Scotland are preparing for their busiest time of the year.

In our experience, Christmas can be the final straw for relationships that have been delicate for some time. The cost-of-living crisis has exacerbated this further with heightened financial concerns magnifying issues.

My team is on New Year alert, expecting a flood of enquiries. Search queries for divorce on google in January and February can be between 10 per cent and 30 per cent higher than the average, whilst online visits to our divorce and separation webpages are 30 per cent higher during these months.

We know there will be many couples who have decided to separate and need some support with what comes next. “Divorce Month” isn’t a happy occasion and contacting a solicitor can be a daunting process.

If you’re considering a divorce or separation this year, we’ve outlined four key steps to take before you meet with a Family Lawyer.

Do your research

Whilst the legal position should be the same, each solicitor’s approach can be very different. Ensure you do your research and make sure your chosen firm specialises in family law. If you expect to qualify for legal aid funding, you should also check if the firm is able to provide this.

You will need to speak to your Family Lawyer about some very personal information so it’s crucial that you are comfortable with them. If you have a preferred method of communication, you should make this clear in your first appointment.

Get your paperwork in order

When you contact a firm to make an appointment, you should bring photographic ID at the very least. However, a solicitor might be required to raise a court action on your behalf for divorce, dissolution of a civil partnership or regulating childcare arrangements and they will need to lodge your marriage/partnership certificate and/or your children’s birth certificates with the court.

If you don’t have these or do not wish to use the extracts you have, you can also get further copies from the Registrar’s office if they’ve been registered in the UK. If you have already received a letter from a solicitor on behalf of your partner or ex-partner, bring that with you too.

Bring yourself up to speed on your finances

If you need advice about the financial side of a separation, divorce or dissolution then be as equipped as you can about your financial position before you meet a solicitor. Mortgage? Find out how much is left to pay. Joint account? Find out how much is in it. Monthly outgoings? Make a list so you’re aware of what needs to be considered. If there’s things you can’t find out, rest assured that investigations can be made, and documents can be recovered through a court process.

Keep a record

If you are meeting a solicitor to discuss disputed arrangements for children, try to keep a diary of key events focused around contact. This will give your solicitor an idea as to the problems and any patterns of behaviour. It is also useful to have should court proceedings ever become necessary.

Equally, if there have been social media posts or messages with your ex-partner that may potentially be referred to in the future, make sure you take a screenshot and save it for future reference (should it be necessary).

Johnson Legal Family Law has recently set up an anonymous Q&A platform to open up our specialised legal advice to anyone who has a family law question. We’ll be posting the responses on our social channels on an ongoing basis.