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.