Previous Page
112
Divorce Law
OCTOBER 2013
In keeping with our focus on Divorce Law, here we speak to Andrew Don, Partner at Blandy & Blandy LLP in Reading. Please introduce yourself, your role and your firm.
Potentially, how complex can divorce cases get?
I joined Blandy & Blandy as an Article Clerk in 1979 and qualified in September 1981. For most of the intervening period I have specialised in Family and Divorce work. I have always been interested in different ways of resolving disputes. I trained and qualified as a Mediator with the Family Mediators Association in 1990. During the 1990’s I was involved in training other lawyers to be Mediators. I am also a trained Collaborative lawyer and in February 2013 I qualified as a Family Arbitrator and am a Member of the Institute of Chartered Arbitrators.
Blandy & Blandy is a leading Thames Valley firm of solicitors which for nearly 300 years has advised generations of wealthy families and estates, entrepreneurs and their businesses, charities and philanthropists. Today, we also advise clients in the sport leisure and hospitality sector, professional practices, commercial organisations,
land
owners and developers. All of our partners are acknowledged as experts by the two major legal directories, Chambers UK and The Legal 500.
What are the main challenges you face when working on divorce cases?
Every case is different. They are fact specific and are often influenced by other issues than the law e.g. strong emotions. The main challenge is persuading a Husband/Wife to concentrate on the issues which the Court has power to adjudicate upon rather than those issues which cannot be controlled by the legal system. Another obvious but equally difficult challenge is the ever increasing cost of divorce litigation. Thus clients have to be educated and persuaded to adopt a pragmatic and commercial approach to achieving settlement. There has to be a relationship between the amount of money spent and what can be achieved.
How do you navigate these challenges?
Through the successful transfer of information and advice.
It is fundamental that the client moves
with you and is not left behind. The client must understand the nature and extent of the relevant law and what is/what is not possible to achieve. I try to convey a realistic expectation of what the client will achieve.
(i) Try to put emotion to one side when negotiating financial issues. (ii) Try not to involve the children in disputes and arguments. (iii) Remember that Husband and Wives are divorcing each other not the children. (iv) Assume that both parents care equally for the children of the marriage and wish to retain a close parental relationship. (v) Avoid cheap tricks and/or obtaining short term gains. (vi) Be transparent, open and honest in connection with financial disclosure. (vii) Be prepared to pay for expert advice early on in the proceedings and be prepared to follow that advice.
Have you seen much of an impact from the Legal Services act yet?
The Act has had a positive impact in that it has forced Divorce/Family lawyers to rationalise the services that they are offering e.g. concentrate more on advice and problem solving rather than processing paperwork etc.
Furthermore it has encouraged Family lawyers to begin to offer fixed price work so that clients have a much better idea from the outset of how much they will spend.
There is no limit to the complexities of a divorce case. Some cases involve many different parties e.g. there may be arguments concerning the ownership of properties. A Husband/Wife may say that other members of their family have an interest in a property.
The introduction of an overseas jurisdiction can make a case complicated e.g. Off Shore Trusts, foreign businesses etc.
A case can be made complicated and difficult simply by a Husband/Wife adopting a policy of non- cooperation and deliberate misrepresentation which necessitates the use of forensic analysis etc.
What advice would you give parties to avoid costly and complex divorce cases?
How do you see the future of divorce law progressing?
Expert Family lawyers will continue to have a function. I anticipate that the trend for the future will be for the public to use Family lawyers as and when required e.g. the public will do what they can themselves, but retain lawyers for advice and help as and when necessary.
However there will always be a hard core of cases which need considerable input from a Divorce lawyer for sundry reasons ranging from intractable and strong emotions to genuine complex financial reasons etc.
Is there anything else that you would like to add?
Fewer and fewer members of the public can afford to retain a firm of Solicitors to act on their behalf for the duration of the divorce process. Thus the public and the profession will continue to develop and nurture different and alternative forms of dispute resolution e.g. Collaborative, Mediation, and Arbitration etc.
Practising in Divorce/Family law is never dull and is always evolving. Every case presents the opportunity to meet somebody different who presents different needs and has different issues to resolve – for this reason the job is never repetitive but remains interesting and challenging. LM
contact: andrew don
Partner, Blandy & Blandy LLP One Friar Street, Reading, RG1 1DA Tel: 0118 951 6800 Email: andrew.don@blandy.co.uk
Website: www.blandy.co.uk