Divorce disputes can become interestingly complex for any family lawyer, and in some cases, relying on a large experienced team can be the best option. Here LM hears from Fiona Wood, Partner & Practice Group Leader in the Family Team at Slater & Gordon, on divorce proceedings and financial settlements, their potential impact on business owners, and the particular sensitivity that must be dedicated to children in some of these cases.
You are renowned for your ‘calm approach’; how do you maintain a consistent level of calm when working with sensitive cases and under pressure?
I always explain to clients the legal and practical processes involved at the outset of their divorce, how I envisage their case progressing, what I will do for them, and what I need them to do. Knowing that there is an action plan helps clients feel more proactive and confident during what is often a very difficult time. Knowing that my client and I are working together as a team to progress the case means that there should be few unexpected issues that arise, which means less pressure for both me and my client.
What are the most prominent and common issues that arise pertaining to your family clients in the UK?
The majority of my work involves obtaining a financial settlement for my clients when they divorce. All clients want to know how much money they will receive as part of the settlement, and whether a clean break settlement is achievable or if spousal maintenance will need to be paid. Many of my clients are business owners and are very worried about the impact that their divorce will have on their business.
What challenges accompany these issues and how do you navigate them?
The law that governs financial settlements on divorce is a law of discretion. This means that different judges will make different orders when presented with the same set of facts. This can make it difficult to predict what financial settlement a client will receive if they argue their case before a judge. Whilst there is usually a range of likely outcomes, this can be very frustrating for both lawyers and clients. Having done this job for nearly twenty years, I have a wealth of experience to draw upon. I also have very experienced colleagues, including one who sits part time as a judge, whose experience I also tap into. One of the advantages of working in a large team is that if you have not come across something unusual before, one of your colleagues is likely to have.
How do you deal with the mix of business and emotions in a sensitive, yet effective way? What complications arise in these scenarios when children are involved?
The end of a marriage is a very difficult time for the vast majority of those who divorce. Whilst some seem to cope better than others on a superficial level, I always try to remember that I am not meeting my client at their best. I try to be patient and understanding, but it is also important for me to remember that I am not a trained counsellor and that if my client needs that type of help I should suggest that they speak to an appropriately trained professional. Luckily, most parents put their children first when they separate, and try not to involve them in their dispute with their spouse. Sadly, in a small number of cases this does not happen and solicitors need to become involved with issues relating to the children. As a parent, I can see that this is very difficult for clients. I encourage a child centric approach to children issues and remind parents that they need to try to communicate with each other in a reasonable way for the sake of their children. Mediation is very good in assisting newly separated parents to deal with issues relating to their children. I often encourage mediation where issues regarding children arise.
