Costs and control in Divorce

So February is nearly upon us, scary - one month down!

I have struggled this month with diet, exercise and all the new year resolution type things that I was to do but all of that pales into insignificance when I meet new clients struggling with all of that, normal life, children and the prospect of a separation.

Many have been happy that finally they have felt able to do something about the feelings that they have harboured for a long time but even when people have plucked up that courage and taken that step they find themselves trying to deal with a process that is alien to them and the costs that come with it.

I have read in several places over the last month or so that Divorce costs £10,000+ (I have seen that as a statement in itself with no qualification about the level of assets or complexity of the case).

Now whilst I accept that there are some cases that are complex or very contested and which attract alot of legal costs, there are many more that are relatively straightforward and that should not attract anywhere near that amount. It worries me to think that there are people who will shy away from getting the legal advice they need to make an informed decision because of scaremongering about costs.

There is a cost, of course, to obtaining specialist legal advice on Divorce - much as there is a cost to having your car fixed or taking financial advice - but there is also a value to that advice - be it in peace of mind, protection of assets or security for the future.

People going through the process of separation or divorce want control, they want fairness and they want to feel that they are not lost and that they have direction - that is fine but often the sticking point is cost.

In late 2012 I entered a Mediation Partnership with Mediation Worcestershire, along with a few other Solicitors in the area. The concept is that people who attend Mediation to resolve their differences but who naturally require legal advice at some point in that process, will be able to turn to members of the Partnership for that advice at a fixed cost.

The aim is to make sure that couples who are separating have the benefit of control through the Mediation process with access to the specialist legal advice that they need at a cost that is clear.

I am imensely pleased that as a profession as a whole we are trying to ensure that access to legal advice remains open and never will this be more important than post April 2013, when the availability of legal aid for family law cases will be abolished, save for those cases involving Domestic Violence or Care issues.

I know that there is a cost to bear for legal advice but I hope that as this year progresses people do not leave themselves counting the cost of not having had it!

New Year, next chapter?

Whilst this festive period may have been a happy time, for many the added stress, constant planning and financial pressure will have left their relationships at breaking point.  When the New Year comes round and people stand back to assess their lives and relationships, many may decide to separate or Divorce.

Rarely do I find that the Christmas period has been the cause of a relationship breakdown and often separation is something that couples have been discussing between themselves for quite a while. When another year arrives on the calendar people think about a new start, new opportunities and new possibilities. It often seems easier to draw a line in the sand at the end of the old year and try to be optimistic about the future at the beginning of the new one, whatever difficulties you might be facing.

Often, the idea of instructing a solicitor may seem 'too big a step' when all you really want is an understanding of what your options may be going forward and clients frequently tell me that they have delayed getting advice because they were concerned about the costs or fearful about feeling pressured into a certain course of action – presumably having listened to the media’s view of lawyers generally.

I can only imagine that in 2013, with Legal Aid being withdrawn by the government for almost all Family Law matters, the number of people feeling this way will increase. And yet, separation or Divorce is a major life decision and one that you should make with as much information as possible.

I offer a free initial consultation on family law issues and spend time explaining to clients the options and discussing ways forward. I hope that clients leave more reassured and clearer about their next steps and they frequently tell me that this is the case, which is good to hear!

Recently, we developed a range of fixed fee options, again, in the hope of reassuring clients and in anticipation of Legal Aid being withdrawn, to assist the many people that will require advice after April 2013 but simply cannot afford to pay on the basis of an hourly rate. It remains to be seen whether many other firms will take the same line but it I clear that the legal market is changing.

Couples separating will more and more be faced with a vast array of organisations and firms seeking to offer legal advice – they will have to decide, do I get advice from my supermarket, an online organisation or a traditional law firm. Do I want to deal with a call centre, someone over e-mail or do I value my life and future enough to want the person dealing with it all to be accessible, someone I can visit face to face and develop trust in?

So I start 2013 positively, having done all I can to enable our clients to access the advice they need at an affordable cost, and anxious to see how the legal market will change this year.

Bring on the next 12 months!