Take the cheaper route to friendlier divorce deals

Feb 19 2008 by Vicky Anderson, Liverpool Daily Post

AS PAUL McCARTNEY and Heather Mills thrash their divorce deal out, Liverpool solicitors say the number of divorces in the region is once again expected to rise in the wake of the “Valentine’s Effect”.

Paul Barrow, a partner at Liverpool-based Quinn Barrow, explained: “Traditionally, there is always a surge in divorces post February 14.

“It is known in the industry as the Valentine’s Effect, as disillusioned couples finally take the decision to split up.

“Some people even deliberately choose Valentines’ Day to issue divorce proceedings out of vindictiveness, but we would certainly advise our clients against this.

“Last week, we saw two of the UK’s most important divorce cases in recent years being played out in the High Court, and the irony of it happening in the week of Valentines’ Day will certainly not be lost on divorce lawyers across the country.”

The same week also saw a less high profile, but equally important case strengthen the legal position of prenuptial agreements in the UK after “serial divorcee” Susan Sangster dropped her case against her estranged husband, partly due to the fact she had signed a pre-nup.

Tracey Miller, head of private family at Canter Levin and Berg, said of the McCartney case: “I am astounded this case has reached the stage of a final hearing.

“I am absolutely astounded at the level of legal fees that have been accumulated to date in the McCartney v Mills case. I would dearly love to be able to review one of the files to see how costs could have possibly been accumulated to this extent. While I appreciate that Paul McCartney is using probably the best legal advisors and counsel, there is still only so much work that can be carried out on a file as the procedure is set out by statute.

“My ethos in practising family law is to obtain the information I need from both sides as quickly as possible and then try and negotiate settlement as early as possible. On some occasions, I have been able to secure a settlement at the first directions appointment and have not even had to go on to FDR. It is extremely unusual in my caseload for a matter to go to a Final Hearing and incur the additional costs involved.”

But there are alternatives to ending up like McCartney and Mills.

One way of keeping costs down, according to Mace & Jones family law partner Tina Dunn, is the practice of collaborative law.

“The aim is to keep relations as amicable as possible,” she said.

“The emotional and financial burden of an embittered divorce court action, as the McCartneys are finding, is an enormous strain. Moreover, an acrimonious divorce poisons future relations which can make for a lot of problems when children are involved.”

The collaborative family law scheme has similarities to mediation but is a different process.

“Both parties and their lawyers agree to resolve all issues without going to court and a settlement is reached following 'four-way' face-to-face meetings, which include the two partners and their two lawyers.with reduced acrimony.”

Heather Mills stands to be awarded something in the region of £60m – expected to be the biggest settlement of its kind in British legal history.

vickyanderson