Lauren Power, Associate Solicitor and Head of Family at Rowlinsons Solicitors discusses this matter.
This is a question that does get asked from time to time, explains Lauren. In an ideal world, both parties would have their own solicitor, representing their interests and ensuring that any court-imposed deadlines are adhered to, meaning that matters are dealt with as promptly as possible. We are, however, finding that other parties choose not to appoint their own solicitor, often due to financial concerns with legal fees or relying on the other party to take the lead and appoint a solicitor. The benefit of obtaining independent legal advice cannot be underestimated and certainly the earlier the better in my view.
We can, of course, correspond with unrepresented parties and they are known as litigants in person. The difficulty is that litigants in person often don’t understand the process whether that be the next stage in the divorce proceedings or how to deal with financial matters. This can result in the party who has appointed their own solicitor paying more in legal fees if greater time needs to be spent explaining (and not advising) the other party. When writing to the non-represented party, we are duty bound to remind the litigant in person of their right to obtain their own independent legal advice. Whether they choose to exercise that right is a different matter.
In short, a divorce or financial order can proceed if the other party is not legally represented, albeit it can result in a delay. For example, upon submitting a financial consent order to the court, a judge may want to seek confirmation to ensure that the litigant in person understands the terms of any financial order reached and that they understand what they have signed. The judge will also want to ascertain that the litigant in person has not been placed under any duress or undue pressure to sign the documentation. This can often cause frustration to the party who has appointed their own solicitor and of course, bearing the cost.
Avoiding legal jargon and keeping correspondence succinct and to the point would be my approach when writing to unrepresented parties. Whilst a court may be inclined to make any adjustments for litigants in person, a Judge will still make orders that he or she sees fit, irrespective of whether one party is unrepresented. We are now well accustomed to dealing with litigants in person, particularly in children matters although my advice to potential clients would be to get initial advice (wherever possible) to ensure that you understand the possible options available to you. Going through a family court matter can be overwhelming at the best of times, if you can, seek the guidance of a family law solicitor. To those who have a solicitor and their ex-partner won’t appoint one, just be prepared for things to take a little longer.
For personal advice on any family law matter please call 01928 735333.