Not completing your paperwork may be the most expensive mistake you make

Going through a divorce is never an enjoyable experience. Both sides endure heartbreak, upset and emotional trauma and it may be tempting to bury your head in the sand, ignore the disputes over money and leave the whole process to the lawyers. But if you come to remarry and you haven’t been diligent with your paperwork, you may discover that being an ostrich has been a costly mistake.

Excuse me? How can that happen, doesn’t everyone get a settlement? You would think so, but there is a nasty little technicality in the law of which I suspect most people are totally unaware.

The often long and drawn-out process of receiving a financial settlement begins with a simple, procedural matter. You complete ‘Form A’ and lodge it immediately with the court with an associated fee. If you fail to do this before you remarry, you will not be able to make a financial claim against your former spouse - ever.

About a year ago, one of my solicitors rushed into the office in a panic to tell me that one of our clients was getting remarried the following week. Continue reading »

 We had a dilemma on our hands. Had the client’s former solicitor participated in a deliberate, criminal deception?

In my last post I mentioned the Solicitors Regulation Authority known as the SRA, which governs conduct amongst lawyers. The SRA requires lawyers to report any possible breaches of professional standards. Those who do not heed the reporting requirement can in certain circumstances also risk criminal proceedings.

I must confess, the SRA’s stipulations and its determination to ensure that my profession’s standards are upheld have been playing upon my mind. I have recently encountered a professional ethics problem that puzzles me profoundly.

My firm was instructed by a new female client to take over her divorce case. The divorce itself, including financial considerations, was being conducted abroad. The English solicitor previously appointed by the client, and with whom she had become “dissatisfied”, is a partner in a major firm. This lawyer had been coordinating the proceedings abroad and this is not uncommon in jurisdictional cases.

The husband was represented by solicitors in England who were also coordinating the overseas proceedings. Furthermore, both parties retained lawyers in the country in which the divorce was taking place.

When we took instructions from the wife, she instructed us that she was not wealthy at all. She enjoyed a modest income, and modest capital. It was a mystery why she had chosen to issue proceedings abroad, especially as she was having to pay two sets of expensive lawyers. However, the client was very determined. We began work.

However, shortly afterwards a couple of my colleagues were reading the files, which had arrived in pristine condition and very promptly from the previous solicitors. They informed me that we had a dilemma on our hands. This struck me as an understatement, once I had seen the files for myself.

Continue reading »

Legal aid lawyers deserve recognition for their high standards of practice.

In 1998 I became the first Chief Assessor and Examiner of the Law Society’s newly created Family Law Panel. It was not an appointment I had expected: I was female, living in the north of England and definitely not part of what I understood to be the small “Establishment” of mostly London-based solicitors, working for well-known firms.

I was thrilled to accept the role, and was given the task of heading up a new accreditation system for family lawyers, so that standards could be improved nationwide.

However, it was a far from easy start. Opposition to my appointment came from within “Establishment” ranks, which was an unpleasant introduction to life outside my cosy Yorkshire environs! But to their credit, the Law Society backed me. I met a group of very decent and dedicated people working behind the scenes, in the Law Society’s administrative offices in Redditch and London. My “Northern grit” came to the fore and I got stuck into the job with a vengeance! Continue reading »

Perhaps I have been fortunate; in my experience, arguments over religious divorce between parties are swiftly resolved.

The row over the Archbishop of Canterbury and his comments about the “unavoidable” introduction of parts of Sharia law has gone global. I have some sympathy for the beleaguered Archbishop, because he is a deeply sincere man and wholly committed to the Church of England. He appreciates that we live in a multicultural society and wishes to embrace and welcome those not of his Church. In general, I believe he has been misinterpreted and misunderstood. However, I can also understand how his comments have caused great offence to all faiths and have been viewed by many as inflammatory. He hoped to do some good, but seems to have achieved the opposite.

As the debate has gathered in intensity, the apparent “exclusivity” of the interplay between the Jewish faith and English family law has also emerged as a subject for discussion. Being Jewish and a divorce lawyer I may be able to offer a little clarity. In my experience, the two work quietly and successfully together. I also believe it is important to note that the relevant part of English civil law is not exclusive - but is equally available to all faiths. Continue reading »

Will there be blood on the courtroom carpet this week?

As Sir Paul McCartney and Heather Mills face one another other in court this week, Sir Paul will be flanked by some of the country’s toughest lawyers. Ms. Mills, meanwhile, has elected to represent herself. To my way of thinking, having represented a client in a similar scenario only last week in London’s High Court, to go into court unrepresented is as foolhardy as anyone could ever imagine.

For those unfamiliar with the facilities at the Royal Courts of Justice, let me describe the atmosphere in the sombre courtroom. . Until a final deal is signed and approved by the Court, a fully fought contest could yet take place. Even an agreement reached “in principle” does not guarantee a done deal - and could still break down. Continue reading »

Romance is for life, not just for Valentine’s Day

A reporter from a local newspaper called me to discuss top tips for Valentine’s Day. She wanted to know what a divorce lawyer would recommend to keep a marriage together.

I’ve seen some interesting clients recently, whose experiences enabled me to give an opinion. Continue reading »