Parties going through a divorce are prone to ask the perfectly reasonable question - "What will I get?"  Unfortunately for the clients and divorce lawyers, there invariably isn't such a straight answer, which should encourage alternative forms of resolving your disputes, before you let the Courts make the decision for you.

Part of the reason it is difficult to predict what happens in the divorce Courts is because family Judges have a far broader discretion than many other areas of the law.  You will hear the case being described in the Law Reports as having 'been judged on its own facts' - because the reality is that the boundaries within which a predictable divorce settlement falls, are much wider than in other areas of civil litigation.

Why is this?

Contrary to popular belief, human relationships are far more complex than commercial ones and there are factors that are not immediately apparent that the Judge may like to take into account.  Furthermore family cases do not create precedents that need to be followed but tend to be only 'persuasive'. Combine this with the fact that every public house in the country has at least one resident 'expert' in legal matters and you have a unique situation.  Whilst people happily confess to being unable to erect flat-pack furniture, when it comes to matrimonial law it seems that the nation is bestowed with wise counsel in the most unlikely places.

There is therefore an endless supply of advice to people who are going through a divorce some of it well intentioned but ultimately unhelpful. Then there is the worst kind of Solicitor, namely the one who only tells the client what they want to hear.

With all of this in mind, it is vitally important for clients to remember that Court is the final solution and not the first.  Furthermore there is an endless variety of means of resolving disputes, not least collaborative law.  These remove the uncertainty and expense of Court and leave the clients in control of their destiny. In these circumstances the 'straight answer' to 'what will I get?' is provided by the clients themselves.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.