Reasons to Take Advice

November 16, 2018 3:01 pm Published by

At the end of last month the Ministry of Justice released its quarterly Family Court Statistics for the period April to June 2018 and these showed an increase in the number of cases starting in Family Courts 7% up on April to June 2017.  There was an 18% rise in the number of divorce applications issued over the same period in the previous year.  More people than ever before are now self-representing in the Family Court.  Here are some reasons to take specialist legal advice:

  1. A family lawyer will never deliberately give over-optimistic advice in order to prolong the dispute. A specialist family lawyer will be able to give advice about the likely outcome of the case in court in order to help formulate realistic proposals for settlement.
  2. The law can be in a state of flux. Our law of financial provision following divorce in the last 10 years has seen new principles injected into it, case by case, in order to reflect society’s changing sensations of fairness.
  3. A refusal by one party to deal honestly with the other. Full mutual disclosure is the essential foundation of any settlement of financial claims.  Specialist family lawyers have ferreting skills to find undisclosed assets and their value in order to achieve a fair settlement.
  4. Parties often leave a relationship with unrealistic expectations about their entitlements. One of the main functions of family and matrimonial lawyers is to inject a note of realism into their clients’ aspirations.  Without this, parties often continue to misunderstand their rights and to convince themselves that a judge will vindicate what they think.  The result, is often disappointment.
  5. There may be imbalances resulting in a client willing to settle for something less than his/her entitlement. Parties may not be on a level playing field and may not have equality of arms.  The role of the family lawyer is to ensure that the outcome is objectively fair and will want to make sure that justice is achieved for his client.
  6. Specialist family lawyers are sensitive to emotions of fear, mistrust, anger or revenge in the wake of the breakdown of a relationship. An experienced family lawyer will be empathic while at the same time exploring solutions for reaching an outcome acceptable to his client.

John Simpson and Demelza Butler are both experienced family practitioners and trained in collaborative family practice.  John is a Resolution Accredited Specialist in Children Law and Complex Financial Remedies.  They can advise on all aspects of separation, divorce, finance, property and children issues.  They are contactable on 01473 230033 or by e-mail: jcs@blockslegal.co.uk or dcb@blockslegal.co.uk

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This post was written by VickiTaylor