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 Getting the right advice when you come out of a relationship can be costly, but not getting it at all, or settling for poor advice, can cost even more. The right solicitor is crucial to getting a good service and good support
Here are a few pointers on how to choose the correct solicitor for you, and how to get the most out of the service.
Chose someone who has been recommended. If necessary, see a few solicitors before you make up your mind. It is important that you instruct someone you trust. Check that they belong to the family solicitors group, Resolution. While this will not guarantee quality, it should mean that they specialise in family work.
Don't be guided by cost only. You need to find someone for whom your case is their bread and butter. If your case is too small for them, you won't get the attention you deserve. If your case is too big, they might not have the experience or the back-up to do a good job.
Consider mediation or a collaborative approach. Mediation has been around for some time. Experienced mediators can help separating couples find common ground and can help them negotiate a settlement. Some people find the process intimidating and some women especially feel unprotected in the process.
Collaborative law is a fairly new approach. Both the solicitors and the clients commit to resolving the dispute without recourse to courts. If either client then wants to go to court, and sometimes there is no choice, neither solicitor can act. This approach is not for everyone, and don't be bullied into going through with it if you feel that it is not for you.
Having chosen your solicitor, listen to their advice. Don't listen to the many friends and relations who will be keen to give you the benefit of their subjective experience. Support is one thing, advice is another. If you don't agree with the advice your solicitor is giving, it will cause you problems. One of you will be wrong. If it is your solicitor, then you need to change solicitor. If it is you, you will end up unhappy and frustrated.
Solicitors generally charge in units of six minutes. They will all provide information about their fee structure and costs. Make sure that you understand how it works. Don't be shy about discussing costs. The fast track to a breakdown in a relationship is a misunderstanding about fees.
Solicitor visit checklist
You can get the most out of your first meeting by ensuring that your solicitor has the relevant information before you actually meet. This is not only a valuable exercise for you in taking stock of your own situation it will also save valuable time and therefore money. Here is a list of some of the things you can do:
Prepare some brief background details; names, addresses, dates of birth, the names, dates of birth and schools of any children, a very brief financial and employment history.
Draw up a schedule of all assets and liabilities setting out all that you know, or even half know. Include everything you know about your partner's finances. If you have any documents, bring them with you to the first meeting.
Get valuations of any assets. Life companies will give surrender values of policies, pension companies will give valuations of pensions, known as cash equivalent transfer values or (CETVs). Don't worry if you don't have all the details, these can be filled in at a later stage.
Consider asking a few local agents round to value any property. If it is likely that your house may have to be sold, look round and find out how much you will need to re-house.
Prepare a schedule of outgoings setting out current and future needs. Start with the essentials such as mortgage payments and bills, but include lifestyle expenses such as holidays and clothing. One of the things your solicitor will want to know is what sort of lifestyle you had, and will want to discuss with you whether or not the family finances are going to be able to continue to sustain it.
List all of your bank or building society accounts. At some point you will be asked to provide 12 months worth of bank statements, so keep copies. List your shareholdings if you have any and all of your pensions and bring any documents you have relating to your pensions.
You will need to bring ID documentation. You will need one piece of photo ID showing you are who you say you are (passport, driving licence) and a second piece confirming you live where you say you live (bank statement, utility bill, credit card statement or driving licence if you have a passport for the photo ID). Don't forget your marriage certificate. Solicitors need it to draft the petition. If you have lost it, a copy is easily obtained.
Sharon Bennett, is a partner at Bross Bennett family law solicitors.
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