Keeping fees and feelings under control

We helped our client avoid unnecessary legal fees while leaving their marriage and reaching a fair settlement.

Working with a divorcing couple often sees emotions run high. However, when one partner’s legal team is fanning those emotional flames, the other partner’s solicitors must keep their cool to stop fees and feelings spiral out of control.

In this case, it had already been decided that the safest home for a couple’s three children was with our client. The other parent’s substantial mental health issues put the parent at significant suicide risk, and they were living in secure accommodation. Our client was looking to leave the marriage with a fair settlement that would leave them financially able to continue full-time care of the children.

A strained relationship

With land, a house, pension and good income to divide, the case was shaping up to be fairly standard. But the case brought by the other parent’s solicitors proved to be far more complex. Initially trying to leverage a situation where the other parent could rebuild relationships with the children, they claimed the other parent’s mental condition was directly caused by our client’s abuse (allegation denied by our client). This was vehemently and repeatedly, within several solicitors’ letters, reinforced by the other parent’s appointed legal team.

The case quickly became highly acrimonious and the team at Anthony Collins (AC) had a judgement call to make. Engaging in such lengthy correspondence in reply was going to run up costs that could damage the outcome our client wanted to achieve. Working for this client meant being very aware of their needs, those of the children and their financial circumstances.

A fair result

The other parent’s team rejected the first attempt at a financial agreement claiming it had come under duress. Despite being invited to withdraw that claim, the other parent’s legal team continued to make the claim while simultaneously demanding to have the order submitted to the court. This further twist made it necessary for the couple to go to a court hearing to conclude that duress was never a factor.

Throughout all the allegations made, the AC team kept emotion out of its responses, avoiding tit-for-tat correspondence that escalates costs. This allowed the parties to finally settle on a financial package, which was approved by the court, that was fair and allowed the children to remain where they were safest.

“Settling as quickly, cheaply and amicably as possible is best. Emotion just doesn’t help. That was the case for this family and all those we represent. There are no winners or losers in what we do.”
Chris Lloyd-Smith, partner, Anthony Collins