Do you think your divorce was conducted correctly?
Divorce is never a pleasant experience, so when it goes wrong the effects can be devastating.
As with most legal disputes, an element of compromise on both sides is needed in order to reach a settlement. This means that people rarely walk away from a divorce feeling 100% satisfied. However, while that sense of dissatisfaction is in most cases an unavoidable consequence of the divorce process, occasionally the outcome is made worse by the actions of a solicitor or barrister.
In such difficult circumstances, you rely on your family lawyer to guide you through this difficult time with sound advice. Unfortunately, sometimes mistakes are made which can have significant consequences on your financial affairs.
What can go wrong during the divorce process?
There is much that can go wrong during a divorce which can in turn lead to significant financial loss being suffered. Examples include:
- Under-settling the financial claim;
- Failing to identify a matrimonial asset/Failing to investigate a spouses assets adequately ;
- Failing to prevent dissipation of matrimonial assets;
- Incorrect valuation of assets, especially property and pensions;
- Failing to comply with a Court order leading to all or part of a claim being struck out;
- Incorrect or unfair settlement of the financial part of a divorce;
- poor advice on costs and offers made during negotiations;
- failure to apply for a decree absolute;
- Incorrectly drafting any settlement agreements or court orders; and
- Failing to implement a Court Order.
Can I sue the solicitor who messed up my divorce?
If your solicitor or barrister has made a mistake which has caused you financial loss, then yes, you may be able to bring a compensation claim on the basis of negligence.
You will have to prove that they acted in a way that no reasonably competent solicitor or barrister would have done. Furthermore, you have to show that your losses stem from that negligence and not from any other causes.
How long does a Claimant have to pursue a professional negligence claim against their former divorce lawyer or barrister?
Clients considering a claim against a solicitor or barrister for professional negligence have six years from the date of the event constituting negligence – or three years from the date they first realised negligence had occurred – in which to make a claim.
How we can help?
If you are thinking of making a compensation claim against the solicitor who messed up your divorce and you have suffered loss exceeding £10,000 then you can contact us for a free initial discussion. We will look at what you think the solicitor got wrong and the loss you have suffered as a result. If there are grounds for a claim then we will be happy to consider working on a no-win no fee basis.
Funding Professional Negligence cases
We understand that suing a solicitor can be a daunting prospect, especially after incurring losses in a divorce settlement that went wrong because of a negligent solicitor.
We offer clients a Conditional Fee Agreement (CFA) to fund professional negligence claims.
Alternatively, we also offer a fixed fee to cover the costs of the initial client meeting and case assessment – so our professional negligence clients know from the outset how much they will have to pay.