Lauren Preedy – Senior Solicitor – Head of Divorce Team
Experienced Legal Team
At Ian Walker Family Law and Mediation Solicitors we have one of the most experienced teams of family lawyers in the South West.
Representing clients in Court is what we do and what we have all done throughout our careers.
The practice of Law is about Rights.
All Laws set out obligations and responsibilities that individuals or organisations or the state have toward others. They set out what rights people or organisations have against each other.
Often these rights compete against each other. For example a child has a right to grow up free from abuse. A parent has a right to a family life [free from interference from the state]. But if a parent is abusive toward their child [or it is alleged] the State [social services] will intervene to protect the child. The Court will then interpret various Laws including the Children Act 1989 and other rules to decide what to do.
Laws are written in a way which set out rules. They cannot cover every situation to which a rule might apply. They need interpretation to be applied to situations in our daily lives. The Court is assisted in making decisions by looking at decisions and guidance by the more senior Courts in other cases. But no two cases are the same and the Laws and guidance don’t always provide instant or easy answers. In Family and Children cases the Court often has a choice in what it decides to do. The Lawyers will try to persuade the Court to make a decision more acceptable to their client.
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It is just the same with financial cases. The Divorce law sets out a range of factors the Court has to consider in making decisions. These have been subject to different interpretations over the years. What is also a surprise to non-lawyers, is that in a lot of cases, whilst there are a range of decisions a Court could make, the actual powers the Court has and Orders it can make are relatively limited.
The Court can only make decisions based on the evidence put in front of it and the strength of the arguments made by the parties.
The job of a good Solicitor is to understand what the dispute is about. It is to understand what their client wants to achieve. It is to gather evidence to support their client’s case. It is to understand the evidence being brought forward by the other parties’ legal team.
The Solicitor will advise their client about whether their objective can be achieved. If not, what can realistically be achieved? It is to find the best way to present their client’s case in Court. But it is also to seek to negotiate an outcome acceptable to their client if they are instructed to do so.
Keeping up to date
The Law is constantly evolving. We have invested in the best Legal Practice Support Service for Family Lawyers. This gives all of our team easy access to an extensive library and updated practice materials which means we are always up to date. These materials can be accessed by us anywhere with an internet connection.
We also invest in training and maintain accreditations.
Having such an experienced team also helps. It is very rare indeed that we will come across a problem that non of us has tackled.
Asking you the right questions
What is just as important is that you understand that your solicitor has the skills to understand what you really want; what you realistically want; what they realistically can achieve for you [which may be less than you want]; how much you can afford to spend. You need to have confidence in Your Solicitor and they need to be able to be honest with you about what is realistic. You then both need to discuss and agree the best way to achieve as much as is realistic.
We know the Law. What we need to do together is to set an achievable goal and agree a realistic plan to try and get there.
Legal knowledge is essential
Also essential are realism, good tactical sense, the ability to gather relevant evidence, the ability to communicate what you want, and finally the ability to keep costs under control.
Often negotiation is a better way to a fair outcome, but not always.
Going to Court
Below is an explanation about how the court process works
Things to remember
The Court will at all stages try to encourage the parties to find a solution to the dispute through mediation (except where there is a clear safety issue)
The above chart shows the different stages in a case. In complex cases, there can be a number of extra hearings.
The process is about gathering evidence and getting the case ready for a final hearing. It is about ensuring that the Judge has sufficient evidence to enable him/her to make a decision
The Judge could make a decision that neither party wants.
It is rare for one side to be ordered to pay the costs of the other side in a family case
How the costs build up
Cases always cost more than you think!
Initial quotes are based on the information available to the Solicitor at that time.
As the case progresses more information becomes available and the dynamic of a case can change.
The parties can forget that their Solicitors charge by the hour!
The costs are dependent on the actions of both sides. You cannot control the actions of the other side.
Two into one won’t go: Dividing assets in a small money case
Dividing assets. It is relatively rare for a financial remedies case involving small or modest assets to be reported. However, a report of the judgment in such a case was published last week, it contains lessons for all divorcing couples
Ian Walker Family Law and Mediation Solicitors are thrilled to have won two awards at the Devon and Somerset Law Society Legal Awards this month. Kim Stradling, leading child law expert & founder, Mediator and Solicitor Ian Walker also won
I believe the other parent is taking drugs – what can I do?
Misuse of illegal drugs is sadly an issue that is commonly raised in disputes between parents over arrangements for their children. But what can you do if you suspect that the other parent is taking drugs?
Wives don’t have to lose out on pensions when they divorce
The University of Manchester published a report analysing data on pensions and divorce. Husbands have substantially more private pension wealth than wives. Wives don’t have to lose out on pensions when they divorce.
HM Courts and Tribunals Service (‘HMCTS’), which is responsible for the administration of the courts in England and Wales, has announced that as from today, 13th September, lawyers acting for clients in divorce proceedings must use the
The Government has indicated that it intends to go ahead with court fee increases, despite widespread opposition to the move.
The decision comes in response to a consultation carried out by the Ministry of Justice
It has been reported that Plymouth is one of the top ten cities in the country for people searching the internet for information on divorce.
The report suggests that Plymouth, where one of our offices is located, may be a ‘divorce hotspot’.
We shortlisted for Family Law Awards 2021: FAMILY LAW FIRM OF THE YEAR -SOUTH and we have opportunities to join our team.
The shortlist and winners have been chosen by a judging panel made up of the heads of the Family Law Bar Association, Resolution and the Association of Lawyers for Children, along with Family Law editors and publishing executives.