Many people who divorce are tempted to not use a solicitor. They either represent themselves or they may use a cheap online divorce instead of a conventional solicitor. In most cases, this is likely to be a very bad idea, but for understandable reasons, many people convince themselves that they need not use a solicitor. Here are my top 10 reasons given to me over the years by people who have persuaded themselves that they don’t need a solicitor.
- “Solicitors will just make the divorce complicated”.
Solicitors don’t make divorces complicated; it’s complicated already, something that you will discover if you try to do it yourself. A solicitor will give you the advice you need so that you can avoid potential pitfalls and they will draft complex documentation that will work, whereas you won’t have a clue how to do it. Solicitors will actually make it less complicated. If you’re worried that solicitors will insist that you do something you don’t want to do, don’t be. You’re the boss. You can tell the solicitor that while you understand that the court might give you more, nevertheless, you are happy with something else. It’s important that you make that kind of decision with the benefit of legal advice.
- “I don’t want to go to court.”
Neither will your solicitor if he or she is a good one. Most solicitors recognise that the best way to resolve divorce disputes is to reach an agreement. The vast majority of people who divorce will never set foot in a court. The court’s involvement will usually be limited to processing divorce petitions and approving financial consent orders following an agreement between the husband and wife. Good family law solicitors will discuss alternatives to the court process, such as negotiation, mediation, collaborative process or arbitration. These ways are generally better than litigation, although they aren’t suitable in every case and a solicitor can advise you whether in the circumstances of your case, you should start court proceedings.
- “I cannot possibly afford it.”
To be fair, for many this may be a valid reason to not have a solicitor. Solicitors are expensive and legal aid is now only available in very limited circumstances. A decision has to be made about whether or the expense of using a solicitor is likely to worth it. Solicitors increasingly offer services that are designed to give good value for money. Some work can be done for a fixed or capped fee, other work can sometimes be funded by litigation loans from specialist lenders which are repaid at the end of the case. Some solicitors offer pay as you go services, so that they have no ongoing involvement in your case, and you just pay for them to certain parts of it, such as drafting documents or advising when necessary. At the very least, have an initial consultation with a solicitor.
- “My husband or wife will be provoked by it and become less co-operative.”
A common mistake is to think that if you stay quiet and don’t make a fuss, your ex will become more reasonable and will give you what you want. If your ex is threatening not to give you something if you see a solicitor, it usually means that he or he is trying to exploit you. Without a solicitor’s involvement how can you tell if what is on offer would be considered to be fair by the court? Family solicitors nowadays will usually comply with the Resolution Code of Practice, and should conduct their case in a constructive and non-confrontational way. They know that if they are aggressive or provocative, the other side will not be co-operative. Some exes will take offence at any involvement by a solicitor; if so, ask yourself why? Could it be that they know they’re trying to pull a fast one and they’re not going to get away with it?
- “Solicitors just want to make money out of human misery.”
On occasions, people have been known to accuse solicitors of causing divorces. This is very silly indeed. You might as well accuse a doctor of making people ill. Of course, solicitors want to make a profit, just like any other business. Solicitors are not in the business of exploiting their clients. They know that if they don’t deliver, or charge more than they’re worth, their business will suffer as word will get around that they don’t put their client’s bests interests first.
- “We’ve agreed everything, we don’t need solicitors”.
Even if you have agreed financial issues, it is essential that a solicitor prepares a financial consent order which can then be approved by the Family Court. These are complex documents and it would be beyond the ability of most non-lawyers to draft them. Many people don’t get the order sorted out, and as a result are at risk that an ex-spouse makes a financial claim against their assets or maintenance a later date.
- “It’s all my fault.”
Feeling guilty can be a major factor. Solicitors will not be judgemental about what has brought your marriage to an end. They recognise that your marriage has come to the end of the road and in any event, bad behaviour or adultery may be grounds for divorce, but it is not necessarily what caused it. It may be a symptom of the breakdown of the marriage. I have acted in countless divorces and very few of them are solely down to the actions of one party, albeit that one side may be more to blame than the other. Conduct is very rarely relevant when sorting out financial issues; it’s all about balancing fairness and peoples’ needs. Don’t let feelings of guilt cloud your judgement.
- “My husband/wife has a solicitor. I don’t need one.”
Yes you do. Your ex’s solicitor isn’t going to try to trick you, but he or she has no duty to act in your best interests, nor can he or she advise you. You need to get your own solicitor.
- “I can represent myself at court.”
Courts are scary places. Many people will find the prospect of appearing before a judge terrifying. At best, they are likely to be bewildered about what is happening. Solicitors have specialised knowledge of the law and procedure in your case and a wealth of experience upon which you can draw. If you aren’t legally represented, you are at a disadvantage.
- “We’re going use mediation to sort it all out so we don’t need solicitors.”
Even if you are using mediation, it is vitally important that you both seek legal advice throughout the process and in the event of an agreement. You should only reach agreement with the benefit of legal advice and then you will need to get the solicitor to do the paperwork (see No 6 above).
There is useful information about how a solicitor can help here.
Contact me to arrange a consultation on 01206 848426 or by clicking here.
1 September 2014.