This month’s article will focus on the ‘top tips’ that can ‘help you, help us’  in assisting you in whichever resolution process that you choose.

  
  • Always bear in mind that the facts involved in each matter are different, even if, on first blush, they appear similar.  As a result, while the legal issues involved may be clear, their application to your circumstances is more difficult and much more individual that you may otherwise suppose. Therefore, it is not helpful to try second guess your case by measuring it against the circumstances of others.  While you will get some guidance from friends  and relatives, who have been through this process;  it is very important to remember that the outcome of their case is likely to be driven by factors that are not present in yours – no matter how similar the facts of the two cases appear to be on the surface.  
  • Be proactive in your own case.   Whilst we are here to advise and guide you through this process, this is your life and your future and you should consider yourself not only an active party in your case, but the most important party in your case.  
  • The process of getting divorced can be the source of unnecessary tension and stress because of a lack of understanding as to the processes involved.  We can help you with that and have information leaflets under a variety of headings on a variety of topics.   Of course, if you have any queries after you read them, please don’t hesitate to contact a member of the team.
  • When it comes to legal costs, please remember that you will each, as a rule, have to settle your own legal costs. There are exceptions to this rule, such as, if the other party agrees to your costs as part of the negotiation process or the court can, in certain circumstances (such as litigation misconduct) order the other party to pay costs. There are two types of costs. There are professional fees and disbursements. Professional fees are those which Rayden Solicitors will charge you for our time taken to properly protect your interests and advance your case.  Disbursements are fees or charges that we are required to pay on your behalf. These can include barristers/accountants/ surveyors / court fees etc.
  • The issue of costs often causes concern but you can ‘help us to help you’ on this front as well. You can reduce your costs by doing what we agree you will do by way of ‘homework’  during the conduct of your matter.   By giving us the information  or documents we request promptly and contacting us quickly when asked to discuss your matter, we can act more cost effectively. This is particularly true of the disclosure process.   You are most  likely going to need to fill in a Financial Statement (previously called Form E) and you will have to supply the documents required to be attached this Statement.  If you are not completing a Financial Statement the chances are  you will need many of the documents that must be attached to a Financial Statement in any event. We have a guide to completing your Financial Statement that sets out what you can do by way of ‘leg work’  in collating  this document. The more you can provide us at the one time – the quicker  (thus cheaper) it will be for us to collate and prepare your Financial Statement.  A final word on costs.  As solicitors charge on a time basis you can, if you are not careful, increase your costs by unnecessarily incurring time by contacting us repeatedly with little updates or by not saving your queries for one call or email.   If you have emailed your instructions, you do not need to to telephone and take your solicitor through the same information as contained in your email.  That simply doubles the costs to you.   If you are concerned about whether the email has been received, a call to your solicitor's secretary will confirm that your instructions have been received. Once you have that confirmation you can be assured that we will deal with your instructions appropriately and there is no further need to contact us.  Of course, we are happy to deal with you as often as you want, but you need to be aware that this will increase your monthly account with the firm.   
  • Keep us in the loop.  We can only be as good as the instructions and information you supply us with.   Even if we are in the background, if you are negotiating directly or have agreed some action with your former partner; let us know. It will , in all likelihood, change the way that we deal with your case and can avoid unnecessary duplication. 
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