Family law

What does this work involve?

Family law can include work related to any kind of domestic relationships, pre-nuptial or asset-share agreements, domestic violence, separation, divorce, and issues concerning children. In Scotland, the process is focused on finding early, agreed solutions that avoid lengthy arguments in court.

Must I use a solicitor?

Although you can represent yourself in a court without a solicitor, family law can be difficult and emotional. Unexpected developments can make it even more complicated. Trained and experienced family law solicitors, who are not emotionally involved, can help you find your best options, which might be different from what you had originally thought about. A court will try to be fair to both sides, and will put the interests of the children first, rather than looking at why a relationship broke down.

What should I do before the first meeting?

It’s important to find a solicitor that you trust. Your solicitor may have to ask some very personal questions about the situation, your finances, your property, family arrangements and whether you are at risk of harm. It’s important to be completely honest and open with them, because if any conflicting information comes out only later, your solicitor might have to stop acting for you.

Before you make an appointment with a solicitor, you can check whether (and how much) they’ll charge for your first visit. You should also ask what documents they want you to bring, as they will have to carry out some identity and financial checks.

Your first discussions with the solicitor can be more helpful if you have already made some brief notes for yourself about the problem, any specific points that you want to get answers on, and what you feel would be the best solution for both you and any other family members.

Prolonged disagreements about separation, divorce, custody, residence, or access will result in much higher legal fees. Mediation and counselling can help parties to agree on as much as they can, before seeing a solicitor. You might even want to draft the basics of your agreements yourself, but it is important to have that checked by a solicitor before you sign, to avoid difficulties in future.

What will it cost?

In addition to your solicitor’s fees, you may also need to pay court fees. If children are involved, the court can ask for an independent child welfare report, which will be an extra cost. If you need to use an advocate in court their separate charge must be paid upfront.

Solicitors might charge a fixed fee for a simplified procedure divorce or separation, if no children are involved and there is broad agreement on your financial matters.

However, in most family law matters, it’s more usual for solicitors to charge an hourly rate because it can be difficult for them to predict what the other side will do and whether the case must go to court. They will charge for the time they spend on written correspondence, phone calls and messages, travelling, waiting and running your case in court. You can ask your solicitor whether and how you can help to limit these costs.

The costs will also be set out in the terms of business that your solicitor must give you. It’s important to read this document. If you feel you aren’t getting enough information, or you don’t understand what you have been told, you should always ask your solicitor to explain it more clearly.

You should also keep your solicitor updated of any changes to your personal or financial position, including benefits and income. If you receive legal aid, these changes must be reported also to the Scottish Legal Aid Board.

Can I get legal aid?

Legal aid might be available to help you pay for a family law matter. You can look at the Scottish Legal Aid Board (SLAB) website for more details. However, some solicitors will not accept instructions to work on a legal aid basis.

If you do get legal aid, your solicitor and SLAB must follow strict rules for approving the work that your solicitor can do, so they may need permission to get expert reports, use an advocate, or do unusual work. You must always let your solicitor know of any change in your financial position, including any change to benefits, and make sure it is also reported to SLAB.

Even if you do get legal aid, you might need to pay something towards the costs. If you are asked to pay any court expenses to the other side, this will not be covered by legal aid.

How long will it take?

Just as it’s difficult to estimate the cost, it’s also impossible to predict how long a family law matter will take. It can depend on your circumstances, how the other side acts, whether you can reach any agreements, and when a court date can be arranged.

Your solicitor may need to meet strict time limits, so you should try to reply quickly to any questions from them. However, please be aware that solicitors who deal with this type of work may spend time in court, so they might not always be able to take your calls or return your messages immediately.

What happens next?

Once they have accepted you as a client, your solicitor will send you their terms of business, setting out what they will do, how they will charge, what is and is not included, and what they expect from you. It will also tell you how to raise a concern or complaint. It’s very important to read this carefully and keep it safe. If at any stage you come across anything that you don’t understand, you should always ask your solicitor to explain it.

Your solicitor will give you honest advice and this might sometimes not be what you’d like to hear. Clients sometimes wonder why their solicitor hasn’t immediately suggested a court date, or think the solicitor is not “strongly fighting” their case. It’s not always appropriate for a solicitor to challenge everything the other side has said. Family mediation or a formal agreement is often the best option. Opposing solicitors must be courteous and professional towards each other, but this doesn’t affect their professional duty to act in your interests.

Try not to discuss your case with others and think twice before sending any texts or messages while you are upset. Any conflict with what your solicitor is trying to achieve could cause problems down the line.

Your solicitor will always try to represent you personally but sometimes they might have a clash of court dates. If the firm sends another solicitor to represent you, they will know the details of your case, but they might need to ask questions that you think you have already covered, because they must double-check your instructions.

You must tell your solicitor about any changes in your personal circumstances, your financial situation and any developments affecting your children. You must also tell your solicitor if you change your mind on anything you discussed at an earlier stage.

You can change solicitors, but you will usually be asked to pay any costs that you owe before they give you their file.