Re: Spring 2014 | Page 30

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. w 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