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OCTOBER 2013
Divorce Law
111
What advice would you give parties to avoid costly and complex divorce cases?
I always advise parties to try and take a commercial view on resolving matters once there has been an exchange of full and frank financial disclosure. Litigation can be extremely expensive and almost always serves to alienate people even more, which can have long lasting effects when there are children involved. There are now a number of ways (besides going to Court) to resolve a family dispute such as collaborative law, mediation and arbitration. Even in the most complex cases, parties who are prepared to co-operate to reach a consensual outcome can see their matter resolved in a timely and cost-effective way.
Have you seen much of an impact from the Legal Services act yet?
Irwin Mitchell LLP was one of the first leading UK law firms to convert to an alternative business structure (ABS) status. This enables the firm to carry out work beyond the scope of traditional legal services and offer a wider and more rounded service to all our clients.
We have not conducted Legal Aid work in family cases in many years. The lack of Legal Aid means that prospective clients are even more cost conscious than they were and we always ensure that clients are kept informed of the likely costs at a very early stage and at regular intervals in their case.
How do you see the future of divorce law progressing?
As I have mentioned, going to Court and spending huge amounts of money on legal fees and waiting two years or longer for a judicial decision on a case is no longer the only option on the breakdown of a marriage or civil partnership. There is now a much greater appetite for other methods of dispute resolution. Collaborative law is a way of resolving financial or children disputes in a series of meetings with the clients and their lawyers on the basis that if no agreement is reached, both
clients have to sack their lawyers and instruct new lawyers to go to court. Mediation allows the couple to try and resolve matters with the assistance of a mediator who will try and facilitate an agreement. Arbitration provides for senior trained lawyers to hear the case and make a decision outside of the court arena. In addition, because of the delays in the court and lack of judges who are available to hear cases, more cases are referred to private hearings where a retired Judge or senior barrister who also sits part time as a judge will offer a solution. Coupled with the recent cut backs to both Legal Aid and funding for the Family Courts, the prospect of litigation is increasingly unattractive for clients. I therefore anticipate seeing far more cases being resolved outside of the Court process. We have a geographical spread of collaborative lawyers and mediators across England and Wales which allows us to offer clients these options.
Is there anything else you would like to add?
It is essential with the breakdown of a relationship to have an expert who understands the law and is up to date with all the developments in a fast-growing area. At Irwin Mitchell LLP, all of the family teams are headed up by recognised experts in family law who are deemed to be at the top of their game by their peers. We are able to offer tailored solutions to clients across the UK ensuring that our commitment to excellence in client service and cost effective legal advice provides the best possible result for our clients. LM
contact: Elizabeth Hicks
Partner and Head of Family Law London
Tel: 0207 421 3966 Email: elizabeth.hicks@irwinmitchell.com Website: www.irwinmitchell.com
There are now a number of ways (besides going
to Court) to resolve a family dispute such
as collaborative law, mediation and arbitration.