Whilst a divorce itself is relatively simple for an individual representing themselves to obtain, sorting out a financial settlement or dealing with a dispute regarding children can be fraught with complications. With cuts to legal aid over recent years, an increasing number of people are using a more hybrid approach when obtaining legal advice. Some individuals may even have attempted to negotiate the dispute directly with their spouse or have appeared on their own behalf before a judge at a hearing. As part of this development, it is not unusual for solicitors to take on clients who have previously represented themselves.
Whilst a divorce itself is relatively simple for an individual representing themselves to obtain, sorting out a financial settlement or dealing with a dispute regarding children can be fraught with complications. With cuts to legal aid over recent years, an increasing number of people are using a more hybrid approach when obtaining legal advice. Some individuals may even have attempted to negotiate the dispute directly with their spouse or have appeared on their own behalf before a judge at a hearing. As part of this development, it is not unusual for solicitors to take on clients who have previously represented themselves.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Parvien Akhtar. Parvien is an award-winning lawyer with 25 years of experience as a qualified solicitor, and has a proven track record of providing high-quality advice to her clients.
If I have represented myself, what will my solicitor need to know?
As stated above, engaging a solicitor midway through your divorce is not unusual. But if you subsequently decide to ask a solicitor to represent you in financial proceedings or a child dispute, it is important to provide as much information as possible. If you are in the throes of proceedings, it is important to act promptly in case any court directions need to be complied with. Your solicitor will want to establish:
- Contact details of your ex and their solicitor (if they have one) and details for anyone else involved in the proceedings, such as children’s names and dates of birth
- Whether a date has been set for a hearing. Your solicitor will be keen to establish what stage your case has reached. Do you need to prepare for a First Appointment or are you at a more advanced stage, such as Pre-Trial Review or Final Appointment?
- What hearings have already been held, and, if so, what has been ordered? They will also need to see copies of any orders, as they will clarify whether anything needs to be done to ensure compliance.
- Has mediation or any alternative dispute resolution taken place? If so, what was the outcome?
If your case surrounds financial matters arising out of divorce, depending on the stage you have reached, you may need to disclose your financial details on a Form E. To ensure your solicitor can provide you with the most effective representation and advice, you should give details of the following:
- Who owns what – are the assets jointly owned or held in trust, or is it necessary to establish ownership in some other way?
- Are there any trust deeds your solicitor needs to be aware of?
- Have you or your ex sold any assets in the recent past (typically last three years)
- Whether either party owns any foreign assets
- Whether anyone else will be affected by the division of assets. This could be the case if you or your ex are partners or shareholders in any kind of outside business.
If your matter surrounds a dispute regarding children, the solicitor will need to have similar information to that set out above. They will also need the child’s full name and date of birth, where they are currently living and with whom, copies of court applications, hearing dates, orders, and whether CAFCASS, or another organisation or individual is involved.
When should I consider getting legal advice?
If you cannot afford full legal representation and either need occasional advice, or have reached a point where you need legal input, you may be able to instruct a solicitor on a limited retainer basis. Whether this is available depends on the firm in question, but most allow you to dip in and out and accept instructions at any time within the process. This could be whilst you are in mediation, arbitration, or court proceedings.
Generally speaking, if a solicitor acts under a limited retainer, they will be less able to advise upon the overall success and strategy of the case, as they would if representing you fully. In some cases, litigants who have acted for themselves end up seeking legal advice and incurring fees that are greater than those that would have been incurred had they sought legal advice from the outset. This is because it may be necessary to amend documents that have already been filed at court, with such amendments increasing costs.
What are the funding alternatives?
When it comes to family disputes, although you may believe it is a straightforward choice between acting for yourself or instructing a solicitor at substantial cost, this is often not the case. It is worth consulting a solicitor at the outset of a case, as it may be possible to resolve the dispute without the need for court proceedings.
If court proceedings are unavoidable, acting as a litigant in person is one option, but there may be other funding options too:
- Fixed fees – many firms now offer fixed fees for specific stages of proceedings. This provides a real alternative to hourly-rate charging
- Litigant in person pay-as-you-go – it may be possible to work in a hybrid relationship with your solicitor such that you only receive limited or partial advice and pay for what you can afford rather than obtain full representation
- Legal expenses insurance – you may have an existing insurance policy that covers legal fees
- Deferred fee arrangements – these are less common these days, however if you have substantial matrimonial assets, your solicitor may come to an agreement that their fees are paid from realisation of these funds once the divorce is finalised
- Private borrowing can have many advantages, such as a lower rate of interest, flexibility in terms of repayment dates and arrangements, faster access to the funds with little or no credit impact on the borrower.
- Legal services payments order (LSPO) – this is an application made to the court for a costs allowance to be paid from one party to the other. You will need to obtain evidence demonstrating you have no access to funds from other sources.
Not all the above options will be available in every case, but before opting to act for yourself, it is worth contacting a solicitor to discuss the alternatives. You may be able to avoid court proceedings altogether and save a huge amount of time and stress.
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