What you should consider when choosing a professional to handle your divorce and financial matters

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There are many businesses that offer support when you are seeking a divorce or dissolution of civil partnership.

When choosing a professional to assist you through the divorce process it is important to be aware of the difference between divorce service providers.

Regulated Professionals

A regulated professional can both advise and represent you in divorce proceedings.

If the divorce service provider is regulated this means that: –

  • A complaint can be made to the Legal Ombudsman about problems with the service received if the business does not resolve in house.
  • Regulated professionals have to follow codes of conduct set out by their regulator. This includes standards, training and qualifications they must meet.
  • There could be access to compensation either through the provider’s own insurance or through a legal regulator’s compensation scheme.

If a business is regulated you can look them up through the regulation website. If for example, a business is regulated by the Solicitors Regulation Authority (SRA) they will appear on this website. The company’s own website will also show a green tick to confirm they are an SRA regulated firm.

Other Divorce Service Providers

Only you acting in person or regulated legal professionals are permitted to file divorce papers with the Court.

Many online divorce businesses can offer support and advice on preparing the divorce papers. These business may offer a cheaper or more convenient service for your but are not subject to the same regulatory requirements as a regulated professional.

Getting the right information

There are many elements to the divorce process and it is important to consider the service you require. Your financial situation and whether you have children will be factors to consider.

It is important to consider whether you have agreed on where any children should live and how much time they will spend with each parent. It is also important to consider whether you have decided how you will divide money, property and other assets.

There are firms that offer ‘DIY Divorce Kits’. Other firms offer basic advice or administrative support. Some providers offer more detailed legal advice.
It is important to ask yourself exactly what is included in the service and whether it is suitable in your particular circumstance. For example: –

  • Is a legal advisor going to guide you on your decisions around the divorce process? Or are you receiving general advice to complete a ‘DIY’ divorce.
  • If a business offers to complete your divorce paperwork, are they simply transferring your information from a questionnaire, or are they advising on how to complete paperwork?
  • It might be an idea to look at the forms to be submitted to the Court ahead of purchasing a service to see how complex these are.
  • If there is anything unclear ask the business and get clarification in writing.

The cheapest quote may not be the best one to suit your needs. It is a good idea to shop around. If you are having a personal consultation with a business it is a good idea to ask about their qualifications, training and experience.

Costs

It is important to consider how the charges are calculated for a particular service. You should check whether there is a one-off fee, what is or is not included within that fee or whether the business charges and hourly rate. It would also be good to check whether there are any further fees such as Court fees.

Other Key Considerations

If you do not know the unfamiliar words or phrases used by the provider, ask them to explain this in plain language.
It is imperative that you understand the terms and conditions that come with a divorce service and you should read these carefully before proceeding.

Other steps to be considered: –

  • Check whether the divorce service provider has professional indemnity insurance in place. This is important as if something goes wrong and this is not in place you might not be able to recover compensation
  • Check whether the divorce service provider has a complaints handling process and what options are available if something goes wrong.
  • Ensure you look out for any limits on compensation and whether these are unfair.
  • Research the relevant guidance on the process for a divorce where you live so you can better understand the services being provided.

 

The Employment Rights Bill; Employment Law Changes Are Coming

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On the 10 th October 2024 the Government introduced into Parliament the Employment Rights Bill. The Bill looks at 28 different employment law reforms, some of which are quite radical and will result in a huge change to employment law, including establishing day one right for employees to bring claims for unfair dismissal, subject to a statutory probationary period. There is the introduction of statutory bereavement leave. Also, to prevent zero hours contracts from being abused such workers will be entitled to guaranteed hours
reflecting actual, average hours worked.

The current statutory sick pay (SSP) three-day waiting period and the lower earnings limit will be removed, and flexible working will become the default where practical.

This is to name just a few of the changes!

Watch this space – we will produce further blogs to keep you updated.

If you need employment law advice or representation as an employee or employer then please do get in touch. Our employment law specialist, Jennifer Carpenter, solicitor/partner
has over 25 years experience in this field.