Family Friendly Lawyers - is there such a thing?

Written by Chelsea McVicker | Family team |19 September 2023

The majority of family lawyers can safely say that they entered the profession in order to help unhappy people out of unhealthy situations. I appreciate the cliché and a few of you may be rolling your eyes when reading this but I can certainly say that for me it is true.

Family Law involves assisting people when they feel at their most vulnerable. When you feel stressed, upset and aggrieved, sensible decision making may not be at the forefront of your mind and this is why it is really important that you are properly supported from the outset.

Not all people will get on with all lawyers, that is human nature. That is why it is really important for you to feel confident in your representative’s style, approach and methods. Some lawyers take a more confrontational stance, writing strongly worded letters from the outset and putting the matter in the hands of the Court at the earliest available opportunity. Whilst this may give you immediate satisfaction, there is a real risk that getting swept up in the ‘point scoring’ sees you lose focus on what is important in the long run.

If your case is handled in an aggressive way this can result in inflamed feelings, increased bitterness, emotional turmoil for you and your children and often, increased legal fees. This is unlikely to give you the ability to move forward positively, co-parent effectively and move on with your life without emotional baggage. This style is in no way incorrect but not one favoured by us at Nash & Co.

We feel strongly, as a team of lawyers, that a collaborative approach should be adopted. In order to achieve this, we are clear with you from the start of your legal journey, that we aim to help you negotiate a fair agreement, hoping to give you control in negotiating and the confidence that we will operate in a way that keeps your family at the forefront. Our private Family team are dedicated to this way of thinking and practising and, as a result, all of our lawyers are members of Resolution.

Resolution is a national organisation that has been supporting Family Law professionals for 40 years. Members of Resolution sign up to their Code of Practice, meaning commitment to acting in a way that actively reduces conflict, encourages agreement and helps you to understand the long-term implications of decisions made during the separation process. This is extremely important in helping you move forward once our involvement comes to an end.

Resolution is influential to how we work day to day, from the letters we write to the discussions we have with you in meetings. Resolution’s voice is also wide-reaching, and they are campaigning­­­ for change in the law at a national level, so as to better represent the views of the public. It was big news in April 2022 that the UK divorce law changed significantly for the first time since 1969. Resolution was central to campaign for the new ‘No-Fault’ Divorce, with the aim of reducing hostility between divorcing couples.

Being members of Resolution does not mean that we will not stand up for you when needed. In fact, being active members provides our team with the necessary skills to negotiate the most positive outcome for you, without increased tension. In line with Resolution’s practises, we will aim to ensure the playing field remains level and that you feel listened to by us, the Court and your views are expressed clearly to your ex-partner.

In order to help you, we aim to assist you in negotiating the best outcome for your family. If dealing with matters concerning your children, this means putting your children at the heart of decision making and ensuring that their needs are met above those of either parent. If dealing with finances, this means assisting you to best meet your financial needs and, where possible, to be financially independent after your divorce.

It is important that you are confident in your lawyer but from reading this article, I hope it has given you the power to ask questions of how your lawyer operates and to consider the impact this could have on you and your family long into the future.

Any of our 6 Private Family Lawyers at Nash & Co would be happy to assist you and answer any questions you have, legal or procedural. To get in touch with the Family team, please contact us via 01752 827030 or email us at enquiries@nash.co.uk.