10 Things I’ve Learned as a Newly Qualified Solicitor

Starting as a newly qualified solicitor in Family Law has been a whirlwind of learning, with each day bringing new challenges within a variety of Family Law work. Here are ten key insights that have shaped my early days in this rewarding but demanding field.

1. The kettle is always on in the Family Department
   
   
2. Family Law covers a breadth of work. There is a lot of variety, and no two days are the same. I have been asked to assist with:  
   • drafting divorce applications
   • assisting with high net worth divorce cases involving farms and business (completing Financial Statements and schedules of assets)
   • dealing with the exchange of financial documentation as part of the negotiations for a pre-nuptial agreement
   • helping separated parents agree the arrangements for their children (drafting emails and letters setting out client’s proposals)
   • attending Court hearings with barristers
   • drafting statements in support of client’s applications for injunctions (Non-Molestation and Occupation Orders) to obtain protection from domestic abuse.
     
     
3. Whilst you can get divorced without sorting your financial arrangements, this will leave you exposed to future financial claims from your former spouse. Just because you have received the Final Order dissolving your marriage, it does not mean that the possibility of financial claims between each of you comes to an end. It may be important for your own financial security that you obtain a ‘clean break’.  This can be achieved through a ‘Consent Order’ (by agreement), or formal Court proceedings if you are unable to reach agreement and provides you with future financial security.
   
   
4. When it comes to the division of assets, the starting point is always 50/50 but each marriage is different. Your individual circumstances (e.g., ages, length of marriage, housing needs, earning capacities, pension provision) will move the yardstick up (or down) from here, as the Court considers what is fair for both parties. The paramount concern of the Court is always the needs of the parties.
   
   
5. Your financial situation is scrutinised through a process called ‘financial disclosure’. Documents such as property valuations, bank statements, pay slips and pension values are provided to your former spouse (and their solicitor if they have instructed one), and they will have the opportunity to raise questions on the content of the documentation. If you are a shareholder of a business, you will have to supply business accounts for the last two financial years, shareholders agreements and tax returns for the last two years.
   
   
6. The Court has a wide range of powers available to resolve financial disputes. A judge can order the sale of property, transfer of legal title of property, require one party to pay a monthly maintenance payment to their former spouse (for a fixed period of time or indefinitely), grant a pension sharing order, order for sale of business interests or transfer of shareholdings and quantify whom is to remedy tax implications, among other things. 
   
   
7. The Court takes a neutral stance on adultery. Whilst it is may be a factor which has caused the breakdown of a relationship, it has no bearing on your financial settlement (i.e., one party will not receive less because they committed adultery).
   
   
8. A prenuptial agreement should not be underestimated in a relationship breakdown, if it is has been executed correctly. Amongst other criteria, you each need to have taken independent legal advice at the point of entering the agreement and open disclosure of your financial position is crucial.
   
   
9. Mediation or other non-court dispute resolution methods are an effective way of trying to reach an agreement on all family breakdown matters, especially those concerning child arrangements and can reduce costs, delays and acrimony.
   
   
10. Finally, the Court security staff do a thorough job of bag searching – take the bottle opener out of your bag before going to Court!
    

If you require legal advice regarding any aspect of family breakdown, please get in contact.

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