#1 in a series of commentaries from the family law Courtroom. No names obviously, but a focus on the mechanics of many cases, which makes this experienced family lawyer despair of the system.
FACT: Judges base their financial orders after a long marriage on the greater equality of assets or needs.
But that doesn’t mean that all needs will be met! There have to be resources to pay for it!
Seems obvious, but my clients are frequently faced with demands for needs which may be arguable, but there just isn’t the money to pay for them. Divorce is tough, and in the vast majority of cases, both parties have to accept a lowering of lifestyle standards. But by insisting on dragging out a case where your demands simply cannot be met, you just increase trauma and expense for everyone.
We were in court recently where our client commented that he almost felt sorry for his wife when she was clearly shocked that the judge confirmed that her demands were entirely unrealistic.
And who had encouraged those demands?
The bottom line is that the FIGURES are inescapable, no matter the strength and style of the NARRATIVE.
Ask as many questions as you like. But once you have the figures – be realistic. The vast majority of our cases settle before Trial (third stage) – even (in practical terms) before a Financial Dispute Resolution (second stage). All because we do the forensics .. meticulously .. and advise sensibly.
You know where to find us!
