Family Law Articles & Advice

The case of three siblings who ended up in court over their late mother’s Will emphasises the importance of professional Will writing and highlights the challenges involved in claims against estates and contesting Wills. The Burgess family featured in the papers as two of the three siblings argued that their late mother’s £1.5 million estate should not be divided equally between them after Probate . Two sisters said that their brother, a wealthy former British Airways pilot, should get less than them as they were not as wealthy as their brother. A reading of the Burgess case will help most people realise just how important it is to get professional legal advice when drawing up a Will. It is especially important to do so if you know that there is a chance that the Will could be challenged and a claim made against the estate. The Burgess case Chris Burgess was initially left £300,000 of his parents' £1.5 million estate in their mirror Wills. The couple made Wills leaving the lion’s share of their money to their two daughters because Jim and Freda Burgess thought their two daughters needed the money more than their son did. After former solicitor and judge, Jim Burgess died, leaving his estate to his wife, Freda, she decided to change her Will to share the estate equally between her three children. When Freda died in 2016, aged 90, her Will left the estate equally between the three siblings. This meant that each child would get about £500,000 rather than the son, Chris getting £300,000 and the two daughters £600,000 each. The daughters challenged their late mother’s last Will and the family ended up in court. Grounds for contesting a Will To contest a Will you have to be able to prove that there are valid grounds to do so, for example: The Will maker lacked testamentary capacity; or The Will was not executed properly; or The Will maker was unduly influenced to make the Will; or The Will was fraudulent or forged. In the case of Freda Burgess it was alleged that: At age 90 , Freda was too old and vulnerable to change her earlier Will leaving just £300,000 to her son, rather than an equal share of the estate; The Will was not properly executed, as one of the witnesses had not seen Mrs Burgess sign the new Will. The High Court judge decided that Freda Burgess’s last Will was not valid because it had not been executed properly. However, the judge concluded that Freda Burgess had known her own mind at age 90 when she decided to leave her estate equally to her three children.  That meant the shredding of the first Will (that left the son about £300,000) was valid and the first Will was therefore revoked. What is more, as the second Will had not been executed properly Freda Burgess had not left a valid Will in existence at the time of her death. Without a valid Will in place, Freda Burgess’s estate will pass in accordance with intestacy rules, meaning that the estate will pass equally to the three children. The court result and the amount received by the three siblings would have been different if the court had ruled that Freda Burgess lacked capacity to revoke her old Will and make a new one. [related_posts] The lessons from the Burgess case What can be learnt from the Burgess case? The Burgess case emphasises a few things: It is vital that a Will is executed properly. A solicitor will not only draw up a Will for you but will check that it is executed properly; If the Will maker is elderly or frail it can be sensible to get a doctor to confirm that the Will maker has testamentary capacity to make a Will; If a Will maker is elderly or vulnerable it is important that they get independent legal advice on their Will; If a Will maker is leaving a Will that they think may be challenged it is important that they explain why that they are making the provisions in the Will. The explanation does not need to be in the Will but can be contained in a separate private letter to the executor of the Will.   For legal help with claims against estates, challenging a Will or estate planning please contact us  

Evolve Family Law is delighted to announce that it is all change again at Evolve Family Law with the arrival of Debra Lowy at the North Manchester branch of Evolve Family Law . Debra Lowy is a solicitor specialising in all aspects of private family law, from divorce and relationship breakdown, to financial settlements, and to child custody cases. Debra joins Robin Charrot, co-founder of Evolve Family Law and one of the North West’s leading experts on prenuptial agreements and financial settlements on divorce, at Evolve Family Law’s new North Manchester offices. Debra, who is a Prestwich resident, has over 25 years’ experience in divorce, financial settlement and child custody law, including at partner level. She is full of enthusiasm about her new role at Evolve Family Law. Debra says ‘’ it is great to join Evolve Family Law North Manchester office to help spread the word about Evolve Family Law and the services it offers. As a Prestwich resident, I think it is vital that North Manchester can compete with the likes of the city centre in Manchester in offering specialist professional service firms, whether that is accountancy, financial services or legal services. ‘’In my opinion, what marks Evolve Family Law out as different to your average law firm in either the suburbs or the city centre is that the client is at the heart of everything Evolve do . Some may call that just good old-fashioned service and I guess that is what it is, combined with a passion for family law. That dedication to client service and listening to clients to get the family law outcomes that are best for them matched my own ethos and approach to family law. ‘’ Evolve Family Law offers a personalised, local alternative to the large city-centre firms whilst being able to provide city-centre specialist expertise at affordable rates. That ethos really fits with my style of providing approachable but astute family law legal advice. If you are going through a relationship breakdown , worried about child custody , or concerned about who will get the house in a divorce split then you need the best possible advice and support to help you move on with your life. That is where I can help you. Commenting on Debra’s move to Evolve Family Law and the continued expansion of the firm, Robin Charrot said: “Our aim is to establish Evolve Family Law as the “go-to” divorce lawyers in North Manchester for all areas of family and private client law. Debra has really impressed us with her experience, enthusiasm, common sense and empathy. I’m sure Debra Lowy will help us to become the first choice legal advisors for local clients from all backgrounds in North Manchester.” If you would like to speak to Debra Lowy at Evolve Family Law please contact us [related_posts]

When a relationship breaks down parents need to reach an agreement on contact arrangements for their children. If they cannot do so, a family court judge can make a child arrangements order settling with whom the child should live and the contact arrangements. Child law advice can help parents avoid child arrangements order court proceedings by helping them reach an agreement. Agreeing child contact after separation or divorce Most of us like to think that if we were to split up from our partner we would still be able to communicate over the kids and sit down and sort out contact. However many separated or divorced couples find it hard to reach agreement on contact. They often need child law advice to help them reach a resolution and avoid court proceedings. Some parents worry about asking for children law advice, thinking that a solicitor will just recommend making an application to the family court for a child arrangements order to sort out residence and contact. The reality is that not all children law solicitors are like that. Most good children law solicitors will help a parent look at the contact options by considering contact from your ex-partners or child’s perspective, looking at the practicalities of what you both want, and advising on the sort of child arrangements order that a court might make if either you or your ex-partner were to make a court application. Shared care and equal parenting You may think that there is only one contact arrangement that will work for you and your family. Perhaps you know other separated families and the children all live with one parent with the other parent has alternate weekend contact. If your ex-partner wants to share the care of the children, and you do not know any other separated families that do that, their proposals can seem unworkable. However, parents can agree to and courts can order shared parenting of children. Shared care does not have to mean that children spend an equal amount of time with each parent. Shared care can involve overnight mid-week contact and the sharing of school holidays. Often the question of whether shared care and specific proposed contact arrangements will work for a family will hinge on practical considerations. For example, the distance of the school commute from both parent’s homes and both parent’s ability to communicate over mundane items, such as whether the school homework has been done or the washing and the handover of the school PE kit. A good children law solicitor can act as both a sounding board for shared care and contact proposals as well as advising on what a court is likely to order, after assessing your child’s needs and the family circumstances. Whilst parents always know their child’s needs best if it comes to court proceedings a judge will carry out their own assessment and make a child arrangements order. That is why good children law solicitors recommend trying to agree contact after a separation or divorce so parents remain in control, rather than the court.   Shared parenting – a campaign for law reform Campaigners are asking the government to change child custody law so there is a legal presumption that in every case where a mother and father separate or divorce, the mother and father will share the parenting of their children. Campaigners are calling for the start point when sorting out custody of children after a separation or divorce to be that children should spend roughly an equal amount of time with their mother and father. The campaign is supported by a recent YouGov survey in favour of shared parenting. Eight out of ten of the two thousand people who took part in the survey agreed that there should be a presumption of shared parenting after a separation or divorce unless the family situation meant there was a proven risk to the child of joint custody. [related_posts] Legal advice for child custody Manchester child custody solicitors say it is important that parents who want to agree contact after a separation or divorce take legal advice on child custody and contact. That is because communication between parents in the early days after a separation or divorce, can make a vast amount of difference to what contact arrangements can be agreed or the court is prepared to order. Child custody solicitors know that when it comes to either agreeing contact or asking a family judge to make a child arrangements order the presentation and preparation of your proposals is the key to success. In the future, for those parents who want to share the care of children after a separation, making the case in court for shared parenting may become easier if the government makes changes to child custody law. In the meantime, parents need a child custody solicitor who will listen to what they want and advise on the best way of agreeing contact after separation or divorce. For legal help agreeing contact or on any aspect of children law please contact us

The government has acknowledged that its plans to bring in legislation to introduce no fault or no blame divorce proceedings and dissolution of civil partnership proceedings in England and Wales may result in an increase in divorce proceedings. The Secretary of State for Justice, David Gauke made a statement recently saying that people were holding off starting divorce proceedings until the new UK divorce law comes into force. The government thinks that when the new divorce law is brought in there may be a spike in the divorce rate but the divorce rate will then level off and ultimately will be about the same. Manchester divorce solicitors have welcomed the Divorce, Dissolution and Separation Bill as the Bill, when it becomes law, will remove the requirement to make allegations about spousal behaviour in divorce petitions. Proposed new divorce law The government is plans to change divorce law and civil partnership dissolution to: Remove the ability of a husband or wife or civil partner to oppose a divorce or dissolution of civil partnership in court; Make ‘’irretrievable breakdown’’ of a marriage or civil partnership the only ground for divorce or dissolution of civil partnership. There will be no need to prove one of the current ‘’facts’’ to get a divorce, such as unreasonable behaviour. Instead the spouse or civil partner seeking the divorce or dissolution of civil partnership will have to  provide a statement of irretrievable breakdown; Keep the two-stage decree nisi and the decree absolute divorce process; Provide a minimum timeframe of six months from start of the divorce petition stage to final decree absolute of divorce or civil partnership. This six month period is to allow time for reflection before the divorce proceedings or dissolution of civil partnership proceedings are finalised; Allow couples to jointly start divorce or dissolution proceedings should they elect to do so. Although the government minister has said that couples who are thinking about starting divorce proceedings or dissolution of civil partnership proceedings may delay their court proceedings until the divorce law reforms become law, divorce solicitors say that for some couples a delay in starting divorce or dissolution proceedings may not be in their interests. The current divorce law Currently there is no such thing as a ‘’no fault’’ divorce or dissolution of civil partnership. If you want to get divorced, without waiting, in England, you have to show that your marriage has ‘’irretrievably broken down’’ and cite either adultery or unreasonable behaviour. A civil partner can only cite unreasonable behaviour in a dissolution of civil partnership petition. Avoiding an acrimonious divorce    The top Manchester divorce solicitors believe that, in most cases, experienced divorce solicitors can help avoid any acrimony when starting divorce proceedings, based on adultery or unreasonable behaviour, by: Giving advice that in most situations the basis for the divorce proceedings or civil partnership proceedings will not affect the custody arrangements for the children or who gets the house ; and Preparing the divorce paperwork in a way that avoids unnecessarily inflaming any tension between a husband and wife or civil partners; and Helping a couple look at the major issues that need resolving, such as access and contact arrangements for the children, payment of child support and spousal maintenance and sorting out a financial settlement and financial court order. [related_posts] Should you delay your divorce?  Some couples are already asking top Manchester divorce solicitors if they should delay getting divorced now to avoid having to say that their partner has committed adultery or behaved unreasonably in the divorce petition. The top Manchester divorce solicitors say that: Starting divorce proceedings because of a spouse’s unreasonable behaviour or adultery does not have to increase animosity between a couple if there is a an explanation given by divorce  solicitors of why you are having to include the allegations in a petition; In some family situations, it is vital to start divorce proceedings without delay. For example, if you are worried that your spouse could start divorce proceedings in another jurisdiction or if you are concerned that a delay in starting divorce proceedings could reduce the amount of a financial settlement. For example, a spouse could spend a pension lump sum payment or a spouse could transfer or hide assets. Top Manchester divorce solicitors recommend that if you are contemplating a divorce or dissolution of civil partnership that legal advice is taken on the timing of starting court proceedings. That is because new legislation is not the only way of ensuring that you can get divorced without acrimony, as a lot depends on your choice of solicitor and willingness to communicate and compromise where appropriate. How can Evolve Family Law solicitors help? For advice on starting divorce proceedings or dissolution of civil partnership proceedings or for children law or financial settlement advice contact us Appointments available in Manchester and Holmes Chapel, Cheshire

How do you value company shares to reach a financial settlement?  Our Manchester divorce solicitors have to answer this question when looking at divorce and the family business and negotiating financial settlements. If a husband and wife cannot agree on the value of company shares, the husband or wife can start financial court proceedings. In the financial court case, a judge can order the valuation of shares by an independent forensic accountant.  Ultimately, it is for the family judge to decide on what is a fair value of any company shares and to make a financial court order. A fair financial settlement The family court objective is to reach a fair financial settlement. What amounts to a ‘’fair financial settlement’’ is subjective. A husband's opinion on a fair financial settlement may vary wildly to that of his estranged wife. When deciding how to split family assets the court applies statutory factors, such as the length of the marriage and the husband and wife's ages, to reach what the court considers a fair result.   Although the court looks at statutory criteria when making a financial court order, the judge can exercise discretion. That discretion partially explains the number of appeals against financial court orders. The other reason spouses are often disgruntled with a financial court order is that they do not perceive the financial settlement to be fair as fairness is ‘’in the eye of the holder’’. Valuing company shares to get a fair financial settlement The fairness of the financial settlement depends on assets, such as property or company shares, being valued correctly. To add to the complexity of valuing company shares, frequently our divorce solicitors need to ask experts to value the company shares at different dates. For example, a forensic accountant may be asked to value company shares at: The date of separation; and The date of cohabitation or marriage; and The date the company shares were transferred of gifted to a husband or wife. The Martin case and valuing company shares The Martin case shows just how complicated it can be to value shares in a non-listed company. Last year a judge had to decide how to split the Martin family fortune of roughly 182 million. Mr Justice Mostyn decided Mrs Martin should get about £73 million of the family assets. That is about forty percent of the family assets. After a long marriage, Manchester divorce solicitors start from the premise that family assets should be divided equally on divorce. Equality can be departed from if there are good reasons to do so. Mrs Martin therefore thought that the financial court order was unfair and that she should get more. Mr Martin was also of the view that the financial settlement was unfair. Accordingly, Mrs Martin appealed to the court of appeal and Mr Martin cross-appealed. The facts of the Martin case Mr and Mrs Martin had been married for 29 years and had two adult children. This was a long marriage. At the time of their marriage, Mr Martin owned shares in the family company and Mrs Martin was a shop floor employee.  There were no prenuptial agreements in place. If there had been a prenuptial agreement this could have potentially avoided the contested court proceedings or narrowed the issues. Valuing a company in divorce and financial settlement proceedings The appeal centred on the valuation of the shares in the company, Dextra Group PLC, at the time that Mr and Mrs Martin began to cohabit. At the time the couple began to live together the company was not listed. An expert was instructed to prepare a report on the value of the shares. Mrs Martin valued the shares at 1.6 million at the date of cohabitation. The judge decided the shares were worth 44 million. The valuation of the company shares at the date of cohabitation was key to deciding if Mrs Martin’s 73 million was a fair financial settlement. That is because Mr Martin said the value of the company shares he owned at the date of cohabitation should be ‘’ring-fenced’’ and not shared with Mrs Martin. The Martin court of appeal decision The court of appeal decided to refuse Mrs Martin’s request for more than 73 million of assets. The court of appeal concluded that the first judge had reached a fair decision. Their view was that a judge is entitled to take a view on the value of the assets and wealth that a husband or wife brings into a marriage. In other words, the court of appeal rejected the idea that judges should just focus on the accountant’s figure for the value of the company shares at the time of cohabitation. The court said that a financial settlement '’ involves a holistic, necessarily retrospective, appraisal of all the facts and then the application of a subjective conception of fairness, overlaid by a legal analysis.’' The court of appeal has reconfirmed to divorce solicitors that the financial settlement fairness test is subjective. That subjective approach makes it all the more important for spouses to take early specialist legal advice from divorce  solicitors who are experienced in divorces involving family businesses and in assessing what a court is likely to determine as a fair financial settlement . How can Evolve Family Law Solicitors help? For expert legal assistance with divorce and financial settlements, contact us.

If a parent had asked me the question "After my divorce, can I move to another part of the country with my child?’’ a few months ago I would have said "Yes you can", unless the family situation was complicated. As a Manchester children solicitor it is always hard to explain to a parent why different rules apply if, after a separation or divorce, you want to relocate in the UK or abroad with your child. The law and moving within the UK with a child The law on relocating with a child within the UK not always clear. Imagine the scenario of a parent who wants to move from Manchester to Cornwall. Anyone who has made the trip by car, train, coach or plane knows that it is far easier and quicker to get to some locations in France or Spain than get to Cornwall. Until recently, our children solicitors’ advice would have been that it was unlikely that a court would stop the primary or main carer of a child from moving within the UK. That advice was given whether it was a move from Cheshire to Derbyshire or further afield, for example, to Devon. The only reported family court cases where a parent, usually the mother, had been prevented from moving within the UK with a child was when there were highly exceptional circumstances. For example, the child had a disability. The internal relocation of children and the case of BB V CC The case that is proving of such interest to Manchester children solicitors is that of a 3-year-old little boy in a family court case labelled ‘’BB V CC’’. The mother and father separated and the move took the child from South East England to the North. Court proceedings were started. The court made a shared custody or child arrangements order and said the mother would need to move back to the south with the child so that shared custody with the father would work. The child’s mother appealed against the decision. The facts of most family cases are a little more complex than the bare bones. In family cases, it can be the detail that sways a judge’s decision. In every family court case, the decision has to be about what is in a child’s best interests. In the case of BB V CC, the parents had an arranged marriage. The mother came to the UK to live with her husband at the paternal family home in London. When the child was about one the parents separated. The mother relocated to the North. The father saw this as child abduction as the mother had not discussed the plan with him. The mother made serious allegations of domestic violence against the father and his parents. The court decided that the allegations of domestic violence against the paternal family were not established. The judge was concerned that parental alienation might take place if the father was not able to share the care of the little boy. The court ordered temporary contact but said the mother should relocate back to the southeast, near to where the father resided. The court said if the mother did not move back to the southeast with the child the court would think about giving the father custody of the child. The Appeal The mother appealed against the judge’s decision. She said there were no exceptional circumstances that should require her to relocate with the child within the UK. The appeal judge decided that the care of the little boy should be shared. The court said it was not possible for both parents to share the care of their son and live at other ends of the country. The judge therefore refused the mother’s appeal. [related_posts] Parental alienation and moving after divorce In the court judgment, the judge said she thought that parental alienation might take place if the mother stayed in the northeast and brought up the child with infrequent contact with his father. The judge said the child could suffer emotional harm if parental alienation took place. Internal relocation and exceptional circumstances The judge in the case of BB V CC considered the case law and decided that a children case did not have to be exceptional in order to make an internal relocation order. The judge said that the court should assess what was in the child’s best interests, and that the child’s welfare should be the court’s paramount concern. Opposing the internal relocation of children The court decision of BB V CC is likely to increase the number of parents wanting to bring court applications to try to use the court process to stop a parent and child from moving within the UK. Our children solicitors anticipate that, for parents wanting to move, it will be argued that the case of BB V CC should be looked at on its family facts. Namely the judge’s dismissal of the allegations of domestic violence and her concerns about parental alienation by the mother if the child was brought up a long distance away from the father. The law and relocating abroad with a child The law says that if a parent wants to take a child abroad to live then they need the written agreement of the other parent or a court order giving them permission to take the child abroad to live. How can Evolve Family Law Solicitors help? To get legal assistance from our children law expert Louise Halford  about the internal relocation of children in the UK , children law applications and child arrangements orders please contact us.

The short answer is yes, you can. Whether you would really want to do it, if you knew what was involved, is a completely different matter. Thinking that you can do probate is a bit like a solicitor thinking that they can do their tax return without any input from an accountant. They may be able to file their tax return by the 31st of January and even answer queries with HMRC, but ask them if they would do it again next year and the majority would give an emphatic no. Online probate application system The good news for people appointed as executors of a Will is that the court service has announced an online probate application system for us if: The deceased died with a Will ; and The deceased was a permanent resident in England or Wales; and The Will appointed up to four executors; and The executors have the original Will. The online probate system allows the executors to start the probate application process online by applying, paying and submitting the probate application. However, after the application is submitted online further enquiries and progressing the administration of the estate is dealt with offline, by traditional post and phone. Can you do probate without a solicitor? I guess, for me, the question is not whether you can do Probate without a solicitor but whether you should do it. I am not saying that because I am a solicitor who specialised in Wills, tax and probate but because I do not believe that if you appoint a loved one as an executor the last thing that they need at a time of bereavement is the stress and worry of sorting out the probate of a friend or relative. What is more, if you are an executor, and you get things wrong, you are personally liable for your mistakes. Many people may think that is unfair as after all the executor was only trying to save the estate money by doing the work themselves, but if it goes wrong it will be the executor, rather than the estate or beneficiaries, who will end up paying for the error. You may think, 'what could possible go wrong with a bit of paperwork?'; it is not until you have sat down and started to fill in a tax return or a probate application that you realise just how complicated it can get. With probate applications, executors can run the risk of: Failing to pay the right amount of estate tax; or Not paying a debt that was due before distributing the money from the estate; or Failing to pay the right amount of estate tax or; Not paying a debt that was due before distributing the money from the estate; or Paying a residuary beneficiary too much for the estate; or Facing complaints by a residuary beneficiary, such as a charity, that the money raised should have been more, as the sale of property or other assets was not handled; or Facing someone challenging the Will because they say it was not drawn up correctly, was signed under duress, was signed when the deceased did not have capacity to sign a Will, or because the Will did not make adequate provision for them. [related_posts] Taking probate legal advice The best advice for anyone thinking about dealing with probate without help from a specialist probate solicitor is to get advice on whether they think it is OK to try. A good probate solicitor will tell you if probate is even needed and, if it is, whether there are warning signs to suggest that you will need expert help such as if: The deceased owned his own business, either as a partner in a firm or company director; or The deceased has left all or part of his estate to charity; or The estate has complicated assets in it, such as buy to let property portfolio; or The deceased has left his estate to minor children and there are trusts involved or; The deceased has a complicated personal life, perhaps with a former spouse or new partner, and there is a risk that the Will may be challenged on the basis that it does not contain adequate financial provision; or The deceased has a complicated financial life with lots of debts that will need to be sorted out before the estate is distributed; or You know that there is a risk that you will find the process of acting as an executor and handling the probate yourself too distressing during a time of bereavement or you think there risk a risk that you will fall out with sibling executors unless a professional handles the probate reports to all family executors. If you need help in deciding whether or not to handle a probate then give us a call to discuss the estate and your options. IF the estate is small, you may not need probate. If you do need probate and you are the major beneficiary of the estate, you may think it worthwhile to try and use the new online service. We are happy to help you make that decision based on what is right for you. If you do decide to ask us to deal with the estate then we can handle it entirely so there is no stress or can work as a team with you.  

When it comes to choosing a family solicitor where do you start? Well there are many ways, from phoning friends and family, to scouring the internet or even picking up the phone and speaking to one of the family law firms that advertise on the back of buses or at hoardings at the railway station. Those may be some ways to choose a family solicitor but I suspect that using those methods you will not chose one that is necessarily right for you. Why it is so important to choose a family law solicitor that is right for you Getting divorced or taking part in children or financial court proceedings is stressful. It is still going to be tough, whatever family law solicitor you chose. However, the process will be easier if you find a family law solicitor you can work with and feel comfortable instructing. Some family law solicitors may be great academic lawyers but you do not feel able to talk to them and tell them about personal matters or tell them what you want.  Other family law solicitors may offer cheap price divorce and financial settlements but you may question how approachable they are and if you are getting the best service. Questions to ask when choosing a family law solicitor When you chose a family law solicitor, you are likely to be working with them for some time so it is important to choose with care. I deliberately say ‘’working with’’ as a family law solicitor should not tell you what to do. Instead, they should talk to you about what information is needed, assess your legal options, and help you make informed choices, whether that is a referral to mediation, the commencement of court proceedings or an agreed financial settlement. Who will you be instructing? That is not as stupid a question as it sounds. In some family law firms you may see a partner on the first meeting but not speak to them again as they will delegate the work to a junior solicitor or paralegal. That can be frustrating if you chose the firm based on the recommendation to an individual family solicitor or thought that the price quoted for the advice was based on an experienced senior solicitor carrying out all the work for you. Many family solicitors delegate work and normally it is in your interests that they do so, but you need to understand who will be helping you. Is the solicitor a specialist? Most people assume that a solicitor knows what they are doing but is your solicitor a specialist in family law. Do they do a bit of family law as well as property law and Wills? Nowadays professionals will specialise in one area of law. In large firms or niche family law firms, you will find solicitors that specialise in child law or child abduction or financial settlements or prenuptial agreements. You may not think that your situation is so complicated that you need a specialist but a specialist solicitor may be more efficient in resolving your legal problem or come up with potential solutions that you have not thought of. Has the family law solicitor provided the cheapest quote or lowest hourly rate? When it comes to choosing a solicitor the one who quotes the cheapest price for the job or the lowest hourly rate will not necessarily end up as the cheapest solicitor. The old adage ‘’ you pay for what you get’’ applies. If you chose a solicitor with a lot of experience they may quote a higher hourly rate than a junior solicitor may but they should be able to focus on the key issues and help you reach a speedy resolution, rather than end up in court proceedings. If you are offered a quote for the ‘’job’’ check there are no hidden extras such as court fees or VAT. Also, check to make sure what the quote covers. It pays to read the fine print in a price guide as if you are offered a fixed fee divorce does the quote cover meeting a solicitor or being able to ask questions, or will your instructions be processed online or via a call centre. How does the family law solicitor propose to resolve your case? This question may sound like another daft question but it is not. If the solicitor talks of court proceedings as the only option then their ‘’can do’’ attitude may be appealing to you. However, court should be seen as the last resort. Court proceedings are expensive and no solicitor can guarantee an outcome. A solicitor, who takes a more measured approach and talks of the keys issues and how to compromise to reach a negotiated settlement, whilst still achieving your goals, may get the same result for you, but without the expense and trauma of court proceedings. [related_posts] Do you like the family law solicitor? Liking your family law solicitor is not an essential part of choosing your solicitor but it does help to either like or respect them. After all, you will be working with them, as a team, so you need to be able to talk to them about your personal and financial affairs and have confidence in them. If you like your family solicitor then it makes it easier to reach a children or financial settlement. That is because when they suggest a compromise or a solution you know you will feel comfortable discussing the pros and cons with the solicitor and can have an honest discussion about whether or not you would get a better deal by going to court. Remember though, however much you like your solicitor you are the one who is in charge. They may offer advice, support and guidance on your legal options but the choice is yours. For information about how Evolve Family Law can help you, please contact us