When money is tight, and even when it isn’t, it is really important to take every step you can to keep costs as low as possible; every family law solicitor worth their salt will do the best they can to help you to do this. The biggest cause for complaint by clients is the level of legal costs that they incur, but many clients don’t help to keep the costs as low as possible. Here are some simple ways of ensuring that as much money as possible remains in the matrimonial pot to divide between you.
1. Research the lawyer you intend to use.
Is that person a specialist family law practitioner? While there are many good general practitioners out there who practice a range of law, in my opinion the most efficient work is carried out by a specialist. While the hourly rate might be higher, a specialist family lawyer can keep the costs down in the long run; they are able to “see the wood for the trees”, and don’t get bogged down in relatively unimportant matters. In addition, they often know the solicitors on the other side, and can therefore settle matters at an early stage, which saves you money and time
2. Do the legwork yourself.
Since legal fees are usually based on time, with letters and emails all charged per unit, make sure that you obtain all the necessary information at an early stage, and produce it in a manageable and easily understood state. If the information comes in in dribs and drabs, it will cost you more in preparation time and letters received, so get it all together as far as you can and send it in one go
3. Make sure that the information is well organised.
Get it in a ring binder, with dividers, divided by subject e.g. house, pension, savings, investments, income, tax, budget. Your lawyer will thank you for it, and you will save preparation time and therefore legal costs by doing this.
4. Obtain the following if it is relevant to your situation:
• Marriage certificate or certified copy (call the Register Office if you need a certified copy)
• An up to date valuation of your house. Don’t pay for one, ask a local estate agent for a valuation, preferably two, so your solicitor has an idea of the value
• Get a mortgage redemption statement. Ring the mortgage company for this- they will send you one in the post if you are a sole or joint owner
• Get a Current Transfer Value for your pension. Ring your pension provider – they will know what you need
• Get an up to date valuation of all of your savings policies, endowments or any other savings vehicles. Don’t forget to find out if you have to pay an early redemption penalty or if they are unavailable for some reason
• Prepare a budget of your monthly expenses. You can find one on many websites, and you will need to ensure that you include all the annual expenses as well as the monthly ones. http://www.moneysavingexpert.com/banking/Budget-planning has a useful one. You will need this to work out what you need by way of settlement, with your solicitor
• If it is possible that you might have to move and rehouse, get particulars of properties that would be suitable for you. Whether rented or purchased, you will need to work out what you can get for your money, or conversely, what you need to get for yourself and possibly the children. If you can provide those figures to your solicitor, it will be useful to work out what is the best way to structure your divorce settlement
5. Don’t call every day for an update.
Don’t constantly email, call or text for an update, as it will simply cost you money. Your solicitor should keep you updated with important developments and with progress of your case. If you are not being updated regularly, let your solicitor know and if it continues, consider changing
6. Remember the function of your solicitor.
Don’t use your solicitor as a counsellor. It all goes on the clock, and counsellors are a lot cheaper.
7. Reply to correspondence.
If your solicitor writes to you, reply as soon as you can. You will be charged for chasing letters. However, make sure that you reply in one go, rather than lots of separate emails, which will all be charged separately
8. Be sensible.
The law is a blunt instrument, not a scalpel. The court has to make difficult decisions about matrimonial asset division, and the court is unlikely to make a decision that pleases both parties. By the time cases get to court the legal costs are pretty eye watering. If there are sensible proposals for settlement, do consider them objectively and factor in the legal costs that you might incur by continuing to a contested hearing.