Choosing a divorce lawyer - why Heather set the wrong example by Fiona Davidson, associate solicitor, Mace & Jones family law team

Published: 11th March 2008

The marital breakdown of Paul McCartney and Heather Mills has filled an acre of newsprint. The case has been given a bizarre and unusual twist by Heather Mills' decision to represent herself. In turn the question has been asked do you need a divorce lawyer? It is vital that anyone considering representing themselves, makes an informed decision before following Heather's example. The reality is that her high profile self defence has horrified many in the legal profession who believe she has set an ill-advised example.

If you are thinking of following Heather there are five points worth considering long and hard. First, money. While it may appear you can save money on legal fees by representing yourself, it is questionable there is any saving at all. In fact by failing to represent yourself properly with an experienced legal team you risk losing money and assets. Second, solicitors know the guidelines and factors that the Courts take into account when dealing with financial issues during divorce proceedings. There is no "magic formula" and although there is guidance in previous cases, each case turns on its own facts. Third, there is a risk of irritating or antagonising the Court by not knowing what is relevant and what is not - many spouses would consider the behaviour of the other party to be extremely relevant but the circumstances in which it will be are limited. Fourth, it may take longer to resolve the case - without the experience of dealing with past cases, one party representing themselves may not appreciate when a reasonable point has been reached in the negotiations. Fifth, there are likely to be things you will fail to take into account such as tax implications or issues relating to pensions which are notoriously complicated.

So if you do decide to use legal advice, how do you choose a solicitor? First and foremost the depth of experience and expertise is a critical consideration. There are a number of qualifications family lawyers can achieve. It is worth asking a law firm how many of its family team are accredited specialists with Resolution, the solicitors family law association. If they are ask what level of qualification they have achieved and in what areas of specialism these include child law, advanced financial provision and co-habitation. Moreover, find out from the firm if they are recommended in the industry bible 'Legal 500'. Any top firm will feature in this. And lastly do not be put off a bigger firm by thinking they are expensive. Bigger teams have a variety of expertise and therefore change rates. The key is to get the best advice for you. Do your homework. Meet the lawyers and find out about their background. Heather Mills may have thought she was strengthening her case by representing herself from the heart. But the truth is that representing yourself, without the knowledge of how divorce law works, can only ever put you at a serious and fundamental disadvantage.