We’ve just come to the end of the first working week of the year – traditionally the busiest week of the year for family lawyers. Christmas and New Year holidays have historically been a time when couples have had the opportunity to share some downtime and reflect on their time together – and sometimes take the decision to go their separate ways.
In 2020, the festive season brought about additional pressure for families on top of what was undoubtedly a very stressful and unusual year for everyone. The coronavirus pandemic meant families spent prolonged periods together at home. For a large number, financial pressures also increased as a result of diminishing employment opportunities and furlough. This has meant family relationships in 2020 have been under more pressure than ever, so it’s little surprise we have seen the number of people seeking family law advice increase throughout the year.
The most recently published Scottish Government statistics reveal that 72,100 civil law cases were initiated across Scottish courts in 2018-19 – in 7,379 of these cases a divorce was granted. This is compared to 2017-18 when 6,873 divorces were granted – an increase of 7.5%. Although not the only type of family law case which can make it to court, actions for divorce or dissolution of a civil partnership make up approximately 74% of all family cases. The number for 2019 – 20 is likely to be lower, due to the court shutdown, with 2020-2021 expected to be a bumper year for family law cases in Scottish courts.
The above statistics and the general trend throughout the pandemic should reassure those considering seeking legal advice that they are not alone. However, taking the step to contact a solicitor can be a daunting process. We detail below our 4 steps to ensure you get the most out of your first meeting with a solicitor:
- Do your research
Whilst the legal position should be the same wherever you go to seek legal advice, each solicitor’s approach can be very different. Make sure you do your research before contacting a firm. You should ensure they have particular expertise in family law, and perhaps even in the area of law you wish for them to cover. If you expect to qualify for legal aid funding, you should check if the firm you have selected is able to provide legal aid as not all firms offer this service. The most important thing is you are comfortable with your chosen firm and solicitor, as it’s likely that you will need to speak to them at length about some very personal information. If you have a preferred method of communicating, for example email rather than phone or post, then let them know when you make your first appointment.
- Get your paperwork in order
When you contact a firm to make an appointment, they should let you know the essentials you need to bring with you. At the very least, you should bring photographic ID. There are some other documents which might be helpful to take along too. If a solicitor is going to raise an action on your behalf to do with divorce, dissolution of a civil partnership or child care arrangements then they will need to lodge your marriage/partnership certificate and/or your children’s birth certificates with the court. It might be a good idea to take these along to your appointment, just in case they are needed. The firm will be able to keep them safe for you and they will be returned to you once they are no longer required, but you can also get another copy from the Registrar’s office if you don’t want to be without them. If you have already received a letter from a solicitor on behalf of your partner or ex-partner then bring that along too so the solicitor can take a copy.
- Find out about your finances
If you are seeking advice about the financial side of a separation, divorce or dissolution then be prepared and get as smart as you can about your financial position before you meet a solicitor. Mortgage? Find out how much is left to pay. Joint account? Find out how much is in it. Monthly outgoings? Make a list so you can be sure what will need to be considered. If there’s things you don’t know or can’t find out then that’s absolutely fine, but the more information the better.
- Don’t worry – we will guide you through
Hopefully the above does not sound too daunting. All solicitors understand that seeking legal advice can be a big step in someone’s life – even more so if that advice is to do with a family law matter. Your case will be dealt with sensitively, confidentially and skilfully. Don’t be worried or embarrassed about anything you might need to discuss. It’s very important that your solicitor is made aware of anything you think might be relevant so that they can give you the best advice tailored to your individual circumstances.
Johnson Legal are family law specialists in all areas of divorce, dissolution, separation and child care arrangements. Call us now on 0131 622 8477 for a free initial consultation with one of our solicitors.
