Avoid
a costly divorce
How to avoid a costly divorce in 5 steps?
Emma van Bunnens, a
Solicitor specialising in
matrimonial and divorce law
based in our East Grinstead
office explores how divorce
does not have to cost the
earth in legal fees.
The cost of divorcing and settling the
financial aspect of a divorce can be
hugely expensive for clients. More
than ever before the cost of solicitors
is being questioned by clients. More
and more family lawyers are looking
at ways of making the whole process
more affordable to the client. Emma
is a pioneer of fixed fee divorce. She
believes the costs of divorce are often
the main concern of potential clients.
This is why Emma offers a fixed fee
scheme for clients wishing to divorce
and needing to know the precise costs
involved.
The effect of the decimation of legal aid
from April 2013 has led to some firms
being innovative in the fee structures
they are using to attract new clients.
Emma has for some time undertaken
fixed fee divorces which have proven
very popular. Clients like to know the
costs up front and know they are not
escalating costs with every phone call or
email they send or receive. Clients can
be reassured the cost will be as set out
and agreed and will be no more.
There are certain steps which clients
can undertake to minimise their costs
whilst at the same time receiving expert
and professional advice. These steps
include:
28
q
Consider divorce counselling
before you start proceedings.
Effective counselling can encourage
communication between divorcing/
separating couples and prevent costly
fraught, acrimonious and costly legal
proceedings.
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If you are able to, sit down with your
spouse/civil partner and try to agree
on how the assets are going to be
distributed, you can do this without
lawyers in the first instance but it is
important that legal advice is sought
in relation to any agreement reached.
Then you can approach a lawyer to
codify the agreement into a court
order. Lawyers can assist along the
way with helpful issues to think about
which perhaps you may not have even
thought about.
e
Attend mediation. Mediators are
qualified to give independent advice
and help couples reach agreement
in all issues including finances and
children. Once an agreement has
been reached then a memorandum
of understanding is drawn up. You
will then need a solicitor to draft a
Consent Order reflecting the terms of
the memorandum which will then be
binding upon the parties.
r
Although lawyers can be an
enormous support to you, you
should be careful not to use your
lawyer for emotional support as this
is when legal fees start to escalate.
You should vent your frustrations to a
friend or family member and then
turn to your family lawyer to provide
them with instructions and take legal
advice.
t
Ask whether your solicitor does their
own advocacy in Court proceedings.
This means your solicitor will attend
court and argue your case for you at
court rather than instructing a barrister
to attend on their behalf. Although
sometimes a barrister is necessary
for some Hearings, Emma takes the
majority of her own advocacy herself
which provides continuity and peace
of mind to clients. This also saves
clients the costs of instructing a
barrister.
Follow these simple tips and your
divorce will not end up costing the earth.
By Emma van Bunnens