Divorce: the importance of choosing the right solicitor

Considering divorce can be a daunting experience at the best of times but when we are still coming out of a recession and may in fact be entering a second recession the thought of having to enter into ‘battle’ over the family assets is for some a major nightmare.

In some cases the only asset is the home and though there will be considerations to be taken into account if children are involved the resolution of the finances between the parties can be relatively straightforward.

However there are more complex cases involving businesses, investments, trust funds and even inheritances.  To find a solution that will meet the needs and financial goal of each party is not easy and often proves problematic as well as expensive.

The need for a good solicitor and one who can work with you to find a working solution without having to run up a large legal bill is essential.  The aim is to ensure there is full and early assessment of the value of the assets, usually with the help of specialist financial planners and other experts, and that the line of communication is opened early, and remains open, with all concerned.

You need to choose a solicitor who can handle you case in such a way so as to minimize the hostility and bitterness that often hampers progress.   A solicitor than can allow you and your partner to preserve your dignity and to work together in doing all that you can you to ensure that those assets which have been accumulated within the marriage are not lost in unnecessary legal and court fees.

A good solicitor will not be one who embarks on sending out inflammatory letters and whose actions only serves to fuel additional bitterness as well as taking money out of your pocket when it is not necessary.

The need to open up early and constructive dialogue with the solicitor acting for the other spouse is essential.   Early and open discussion on issues that you and your spouse believe to be addressed will help to ensure issues are constructively discussed and resolved and the need for Court intervention is reduced.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Senior Judge calls for change in law to benefit cohabitees

Sir Nicholas Wall, the president of the Family Division, has today said that Unmarried couples who split up after living together should have legal rights to a possible share of property and money. He added courts would be more sympathetic to a claim where the couple had been living together for a significant amount of time.

Currently apart from when children are involved a judge has no discretion to make financial provision or adjustment in the same way as is possible when dealing with married couples.  A sixth of couples in Britain live together with the number expected to rise.

Sir Nicholas told the Times: "I am in favour of cohabitees having rights because of the injustice of the present situation. Women cohabitees, in particular, are severely disadvantaged by being unable to claim maintenance and having their property rights determined by the conventional laws of trusts."

He added: "If cohabitation has been short and the contribution minimal, judges would not be sympathetic to a claim."

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk