Divorce and separation can be a tricky process, and you need to know what happens every step of the way.

Almost everyone knows what solicitors and the courts do, but when you have your own matter and wish to appoint a solicitor for divorce and separation, family matters or anything else, you may not know what the procedure is and what you have to do. 

That’s our experience with our clients over the years — and, most likely, that of lawyers around the world too — as we’re asked all kinds of questions at the outset of being appointed to handle a matter. Lots of people search online for answers to legal processes and related matters, but they don’t always find them. 

That’s the reason we decided to write this post, to explain in detail what happens when you’ve found a solicitor you’re interested in handling a case and what the procedure is once you get in touch. 

One thing, for instance, that most people want to know before going ahead with legal proceedings — and one of the most commonly asked questions we get — is how much it’s going to cost. 

Legal matters, unfortunately, have the reputation of being extremely expensive — although, in reality, it’s not always the case, and there are steps you can take to lower costs — and this is, naturally, uppermost in people’s minds. It pays to be open and upfront at the outset, on both sides, so that you’re clear about costs and everything else, to ensure you’re not hit with unpleasant surprises later on. 

Other frequently asked questions by our clients include:

• Fixed fees and if we offer them.
• How long the process will take and the steps involved.
• What the likely outcome will be.
• People’s rights in a certain matter and what they’re entitled to.
• If we have experience in a certain area.
• If one party can have full custody of a child or children.
• If a new client is entitled to keep their house. 

We can’t speak for how other solicitors do things, as different law firms will have their own procedures, but generally, this is how things go with our new clients.

People find solicitors in all kinds of ways, from word of mouth from a friend or family member who has used a particular firm and found them helpful to searching the internet for solicitors in their area or even far away. With video conferencing and email, it may not even be necessary to visit a solicitor in person, so location might not be a consideration for some people.

It’s important to instruct a solicitor who is experienced in the area of law your matter falls into, however. If a law firm has little or no experience in family law, for example, they might not be the best for you. 

Once someone decides they want to go ahead and contact a solicitor they think might be right for them, they can phone up and have an initial chat with a secretary about their matter. This is how we handle initial enquiries, so you won’t get through to a solicitor straight away — they most likely won’t be available anyway, due to case and court work. 

Many of our new clients don’t phone but submit a query via our website, as it’s quick and simple, and there’s no hanging around on the phone. We’re happy to offer an initial consultation that puts people under no obligation to instruct us and use our services. To get one, you just fill out a brief form on our homepage.

From this first contact and the details given, our secretaries will be able to determine if you have a case and if we are in a position to take you on.

The next step in appointing a solicitor to handle your matter is having a preliminary chat with a paralegal; you can expect this to happen on the same or the following day that you make contact with us. The paralegal will take notes on your matter, taking care to write down all the essential details of your divorce, separation or children matter. They may offer you some general advice at this stage if they’re in a position to do so, as a paralegal is not a solicitor — although they are trained in the law, they act in a supporting role to solicitors. 

The paralegal will explain the procedure of what will happen with your case, and they will usually be able to tell you about costs and fees and what you can expect them to add up to for your case. The actual figure could be more or less because there may be additional, or fewer, legal hours required to resolve the matter — as well as more or perhaps no days in court because it can be settled outside of court and so you may not need barristers, for instance.

Now it’s time for a solicitor to have a look at your case, and it will be someone who is specialised and highly experienced in the area of law your matter is in. The paralegal will give them the notes they took during their conversation with you, and the solicitor will go through them in detail to see how best they might be able to resolve your case. 

The paralegal will set up a time for you to have a consultation with the solicitor, which is usually done by phone.

The new-client process progresses to the stage where you have an in-depth consultation with the solicitor appointed to deal with your matter. If it’s a divorce you want to go through, the solicitor will ask you about your reasoning for the split and what you expect from any division of assets. 

It might be high net worth divorce lawyers you need, and KMJ Solicitors have several  — in which case there will be additional and complex elements to consider, typically including property portfolios, personal and business assets, pensions, trusts and inherited wealth. 

If it’s an equally complex family-law matter, involving international child abduction, the solicitor will want to know all the details of how it happened, where the child is, or children are, now and what outcome you want. 

Our other areas of expertise include civil partnerships, same-sex marriage and drawing up prenuptial agreements so that you’re protected in the event that your union breaks down. 

Clearly, it’s beneficial if your matter can be resolved without going to court — to save on time and costs — and during this consultation, the solicitor will be able to advise on whether hearings are necessary or if you can go through the mediation or arbitration route. 

Whichever option is deemed best for your matter, the solicitor will be able to take you through the steps involved so that you’re clear about what will happen. They will also give you a more accurate estimate of the expected costs of the case, although, again, they may vary once the process and any court proceedings get underway — it could turn out to be protracted or it might be swiftly settled, and it’s not always possible at this stage to know. 

You may have this consultation on the same day you made contact with the law firm and had a chat with the paralegal, as this sometimes happens at our firm. But it can also take place a day or two later because either you or the solicitor might not be available on a certain day or time.

If you decide, after your consultations, that you are happy with the law firm and the solicitor and that you have a reasonable chance of success with your case, you can now move on to appointing, or instructing, the solicitor. This essentially means you are telling them that they will act on your behalf in all the various dealings involved with your matter, whether it’s with the courts or a mediator or arbitrator. 

You will then be sent the firm’s letter of engagement or, in our case, terms of business. This sets out how the business operates and what the procedures are for handling cases. You may be asked to sign and return it, so in essence, it acts much like a contract does. 

We will ask you to provide personal documentation for our case file, including a copy of your passport and a recent bill or bank statement, which is proof of your address. You may also be asked to transfer a portion of the expected fees so there is money on account to cover the initial work. 

Then you’re all set to have your matter handled and, hopefully, get the outcome you want. 

If you have a matter you want resolved in a way that gets you the best possible result — including divorce and separation, high net worth divorce, children matters or civil and same-sex marriages — KMJ Solicitors may be able to help. Take the first step now with a consultation.