Help with finding the right legal expert for your situation and needs
Most people recommend that you get legal advice before you start divorce proceedings, even if you’re planning on a DIY divorce. It might only be an initial meeting with a solicitor or a one-off mediator session but it’s important to understand your legal position, especially around financial matters, and children if relevant. So where do you start?
Find a divorce law expert
You’ll need a solicitor with specific divorce law expertise. The terms ‘divorce law’ and ‘family law’ are often used interchangeably which can be confusing. Divorce law is actually a part of family law.
Most specialist divorce lawyers are members of Resolution, a database of lawyers who commit to work in a non-confrontational way. Its website has a useful search which lets you locate lawyers close to you and shows their areas of experience.
If kids are involved, it’s good to work with a family lawyer who is also a family mediator. You can check whether a solicitor has these skills through the Family Mediators Association.
Do your research on the approach you’d like to take
Once you’ve found some solicitor options, it’s time to work out which would be the best one to represent you. Word-of-mouth recommendations can be helpful and lawyers’ websites often outline their values and the way they work.
Your lawyer will help with many aspects of the divorce process, including sourcing financial information, preparing the necessary legal documentation, negotiating financial settlements and plans for the children, aiding in mediation and speaking on your behalf in any court hearings. While these legal tasks are established, there are many different approaches and some interesting new ones designed to minimise conflict.
For example, it is now possible to engage one expert family law barrister who works on behalf of both divorcing parties. To quote The Divorce Surgery, who pioneered this service, ‘If you are given an impartial expert assessment of the outcome a judge will consider fair, you are far more likely to reach a mutually acceptable settlement.’
Check your fit before you commit
You need to have trust and confidence in your solicitor as it’s likely you’ll be discussing personal and difficult matters. Many offer free consultations before you engage their services, which can be great for testing out whether they’re a good fit for your needs. As Stowe Family Law puts it, ‘You need to find a lawyer who you can talk to, trust and who will fight your corner whatever your divorce throws at you.’
Talk costs and ways of working early on
Sarah Atkinson, a partner at Stephens Scown advises, ‘Make sure you get the information you need from your lawyer. Not just about the process and likely outcome, but importantly what it might cost you, how you will be charged and how you are going to fund it.”
A fixed-fee divorce service is suitable for those who have agreed on arrangements for the children and a financial settlement, but who also want the reassurance of a solicitor handling the divorce. Payment for a fixed-fee divorce is usually upfront.
Where legal input is needed to divide up assets and agree the custody of children, most lawyers charge an hourly rate which varies based on level of expertise and geography. Some in central London charge £500 plus VAT per hour. Those based elsewhere usually charge somewhere between £150–£350 plus VAT per hour.
Some divorce solicitors let clients pay their legal fees when their divorce is final and they’ve reached a financial settlement. Not all firms offer this – and those that do may not offer it to all their clients. Confusing. But it’s worth asking.
Prepare in advance of your meeting
Before your first meeting, it’s a good idea to gather some information. Here‘s a checklist of details which is useful to have with you:
- A timeline of your marriage, including how long you lived together before you married, and when you separated
- Information on your family life, such as whether you both work
- If you have children, you’ll need to share their details and any existing access arrangements
- A summary of assets, such as the family home, including estimates of values and who owns them
- Any debts, such as loans and mortgages, and any investments, pensions and other income
It’s also helpful to create a list of any questions that you would like your solicitor to answer. As Claire Macklin, a divorce coach – yes, they exist! – puts it, ‘Ask your divorce lawyer to explain the process. Speak up if you don’t understand. Ask questions. Get information about the options open to you.’
Establish a clear, collaborative way of working
Early in the divorce process, it’s smart to discuss with your lawyer what your priorities are, such as the financial settlement, specific child custody arrangements, or the division of assets including the family home. Keep in mind that all discussions can help avoid unnecessary conflict, point-scoring and time-wasting.
Even though it is often a fraught time, it’s best to try to avoid using your solicitor for emotional support – a good therapist can be an invaluable early investment.
