Whether you are initiating the divorce or responding to a spouse’s petition, the solicitor you select will have a significant impact on the process and the outcome of your case. It is important to ask the right questions to ensure that your solicitor has the expertise, approach, and personality that suits your situation. Below is a detailed guide to the questions you could ask when meeting a family solicitor for the first time or during subsequent meetings covering the various aspects of matrimonial finances and children proceedings.
Background and experience
Choosing a solicitor with the right experience is essential. You need someone who specialises in family law and has significant experience handling divorce cases similar to yours. Depending on your circumstances and information on the solicitor’s website, here are some questions you may wish to consider asking:
- How long have you been practising family law?
- How many divorce cases have you handled in the past year?
- Are you accredited by the Law Society’s Family Law Accreditation Scheme?
- Have you handled divorce cases involving high-net-worth individuals?
- Do you specialise in any specific aspects of family law (e.g. children matters, financial settlements)?
- Have you dealt with cases involving complex financial arrangements, such as businesses or trusts?
- What is your approach to divorce cases—do you prefer mediation or litigation?
- How often do your cases go to court, and what is your success rate?
These questions help you assess whether the solicitor is sufficiently experienced and competent to handle your particular situation.
Fees and costs
Divorce can be expensive, so it is important to understand the costs involved from the outset. Some solicitors charge on an hourly basis, while others offer fixed fees or flexible payment plans. The following questions will help you understand the solicitor’s basis of charging for your case.
- What are your fees for handling a divorce case like mine?
- Do you offer a fixed fee or charge hourly rates?
- Can you provide an estimate of the total cost of my divorce based on the information I’ve shared?
- Are there any additional costs I should be aware of, such as court fees or expert reports?
- What is your payment structure—do I need to pay an upfront retainer?
- Will I be charged for phone calls, emails, or updates?
- Do you offer legal aid or other financing options?
Understanding the solicitor’s fees and how you will be billed can help you budget for the divorce process and avoid any unexpected financial surprises.
Process and timeline
Knowing how long the divorce process may take is important, especially if you have pressing issues like child arrangements or financial settlements.
- What is the usual timeline for a divorce case like mine?
- How will you keep me informed of the progress of my case?
- How quickly can I expect a response when I contact you with questions or updates?
- Are there any potential delays or complications that could lengthen the divorce process?
- Will I need to attend court hearings, and if so, how many?
These questions ensure you understand the likely duration of the divorce and how the solicitor will communicate with you.
Child arrangements
If children are involved, their wellbeing is likely to be your primary concern. It is important to ensure that your solicitor understands your child and parenting issues/dispute.
- What is the process for determining who the child will live with or contact arrangements?
- How do courts generally decide who the children will live with?
- Can you help with negotiating a parenting plan that outlines contact and custody arrangements?
- How does the court view shared parenting and joint care arrangements?
- What factors are taken into account in cases involving child relocation?
- What should I do if I am concerned about my spouse’s parenting ability or if there are allegations of abuse?
- Can you help me obtain a Child Arrangements Order or a Prohibited Steps Order if necessary?
Asking these questions will help ensure your children’s interests are at the forefront of the legal process and that any disputes regarding their future are handled with care.
Financial settlements
Financial matters can be some of the most contentious aspects of a divorce, especially where there are significant assets, debts, or complex financial structures.
- How are financial settlements usually handled in divorce cases?
- What assets are taken into consideration during the financial settlement process?
- Can you explain how spousal maintenance works and if I may be entitled to it?
- How do courts typically handle cases where one spouse depends financially on the other?
- What role do pensions play in divorce, and can they be split between spouses?
- Will my business be considered a matrimonial asset, and how can I protect it?
- What if my spouse is hiding assets—how can these be uncovered?
- Do you have experience dealing with international assets or offshore accounts in divorce settlements?
These questions focus on financial disclosure, asset division, and spousal support, ensuring you get a fair and transparent outcome.
Mediation and dispute resolution
Many divorces can be resolved outside the courtroom through mediation which can be less stressful and more cost-effective.
- Do you recommend mediation? And how does it work?
- How often are divorces settled through mediation rather than going to court?
- Can you represent me in mediation/collaborative law, or should I look for one separately?
- What happens if mediation fails—will you take the case to court?
- Are there other alternative dispute resolution methods, such as collaborative law, that may be suitable for my case?
Mediation can be a less contentious way to resolve issues, so it is worth asking whether your solicitor has experience and success with these approaches.
Court proceedings
If your divorce ends up in court, you want to know how your solicitor will handle the litigation and what you should expect.
- What is your strategy for representing me in court?
- How much of the divorce process can be handled without going to court?
- What are my chances of success in court, and how can you help improve them?
- How long do court proceedings typically take?
- How do you prepare clients for attending court hearings?
- Will you personally represent me in court, or will another solicitor or barrister take over?
Special circumstances
Every divorce is unique, and you may have special circumstances such as international elements, pre-nuptial agreements, or domestic abuse concerns.
- How does having a pre-nuptial or post-nuptial agreement affect the divorce process?
- What should I do if I’m concerned about domestic abuse during the divorce?
- Can you assist me with obtaining a non-molestation order or other protective measures?
- How are international divorces handled if one spouse lives abroad?
- What should I do if my spouse refuses to cooperate in the divorce process?
These questions address complex situations that may require a solicitor with specialised knowledge or experience in niche areas of family law.
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