Divorce lawyer negligence

What can be negligent in a divorce case?  

There are two main areas where solicitors can be negligent in divorce cases, both relating to financial matters.

First, when finalising a divorce settlement there can be an undervaluation of pensions, which may result in a former spouse receiving a lower settlement. Solicitors tend to rely on a cash equivalent transfer value (CETV) of a pension, but it’s not always that simple or fair. Solicitors don’t necessarily know that the figure is correct and it might need further investigation.

We can help through appointing an actuary to produce an independent report into the true value of the pension along with asking for relevant documents and making applications for disclosure if there’s a question mark over the information already provided.

Second, another financial issue is where the divorce solicitor acting for the spouse seeking maintenance hasn’t obtained a clear picture of the other spouse’s assets, such as an investment portfolio. An expert needs to check investment reports and current values in order to provide the most up-to-date valuation and how that might affect the total settlement.

Helping you with our expertise

You have six years to make a claim for divorce negligence and that means dealing with court processes. On your behalf, our experts can manage the protocols, the timetable and the court rules which govern professional negligence cases.

The negligence team at Stephensons has many years’ experience in dealing with cases in this specialist and complex area of the law. That means we are able to explain clearly the legal issues and provide open, honest and approachable service, plus a wide range of funding options.

Before you consider issuing proceedings against a negligent divorce solicitor, we recommend that you speak to one of our negligence claims team on 01616 966 229. A number of funding options are available to pursue your claim including 'no win no fee'.