Matrimonial and Divorce Negligence Solicitors
Divorce is difficult enough, especially if your matrimonial solicitor has acted negligently. When things go wrong, they can be very distressing and result in financial loss. However, just because solicitors are normally the ones suing, it does not mean that they are exempt from being sued for professional negligence. If you have been let down by a divorce solicitor, we can help you to take action.
Matrimonial and divorce negligence claims
The process of divorce can be a highly emotional and stressful time for both the couple and any children. However, while it formally defines the end of the marriage, the decree absolute also marks a new beginning. Done correctly, once the divorce is finalised, it should bring everything to a close and allow the couple to move forward.
The very last outcome for which either spouse would wish is a serious mistake leading to an incorrect matrimonial settlement. If this sounds familiar, it may be that you have experienced professional negligence by your divorce solicitor. If that’s the case, it’s fair to say that you may be experiencing heightened stress and increased financial strain.
At Been Let Down, we understand that you have been through a lot already. We want to help you to get past what has happened and move on from what must have been a tough time for you and your family.
We will help you make a claim for divorce negligence to compensate you for the financial loss that you have suffered if there has been a mistake in your financial settlement. If you think that you might have a claim, get in touch on 0800 234 3234 or fill out our online enquiry form and we will be happy to help you.
What is divorce negligence?
Divorce is difficult enough without either party experiencing professional negligence on the part of their divorce solicitors. If the actions – or inactions – of the solicitors that you trusted have led to significant financial loss, the service that they provided could be classed as negligent.
Your solicitor could be negligent if they were not thorough when looking at all the details, forgot to follow up on key information or made other errors during the proceedings. If this has happened to you then suing your solicitor for divorce negligence could be the next step for you.
Seeking compensation for divorce negligence could help you to rebuild your life after suffering avoidable financial losses. If you think that you have a case, speak to one of our team to see if you can make a claim.
How can a divorce solicitor be negligent?
There are many examples of divorce negligence by divorce solicitors, but the most common in our experience include. These include:
- Under-settling the financial claim
- Failure to adequately investigate a spouse’s assets
- Not considering the full extent of pension entitlement
- Incorrect valuation of assets such as property
- Wrongly advising (or not advising) about the effect of a pre-nuptial agreement
Each of these examples is a common failure on the part of divorce solicitors that can lead to significant financial loss for the spouse. However, this is not an exhaustive list. If you do not see what happened to you listed here, you may still have grounds for a claim.
Get in touch with us and we will be able to let you know if you can seek compensation for the losses you’ve suffered because of divorce negligence.
What is the impact of divorce negligence by a solicitor?
Proceeding with a divorce can be a painful decision. It is something that is not done lightly. There is often a lot to consider, such as who gets to stay in the marital property, who gets custody of children who are under the age of 18, and what happens with any assets that the couple jointly own.
As well as the emotional impact, divorce can cause significant financial stress. It costs £593 just to apply for a divorce and then there are legal fees on top of that, which can be, according to the Money Advice Service, anything from £2,000 to as much as £30,000 for a financial application that goes to a contested final court hearing.
As well as these expenses, there is also the question of what happens to the assets that the couple share. As with any divorce, there is always an element of compromise needed between both parties so that a settlement can be reached.
This already puts those seeking a divorce in a position where they are not likely to come away with everything that they want from the proceedings. If a divorce solicitor is negligent and fails to carry out their duties properly, causing unnecessary financial loss and stress, it can make matters worse.
If you find yourself in this situation, you’re likely to have lost faith in the work that solicitors do. This is understandable but, by seeking compensation for divorce negligence by your solicitor with a skilled claims solicitor like us, you will hopefully be able to move on from this feeling of mistrust.
Can I make a divorce negligence claim?
If you believe that you have experienced divorce negligence by your solicitor, you may have a claim. However, it is worth noting that just because you did not receive what you wanted from the settlement, it does not mean that your solicitor behaved negligently.
When suing your solicitor for negligence for their work on your divorce case, there are two things that you will need to prove to proceed:
- No reasonably competent body of solicitors working in the same field would have acted or advised in the way they did
- You have been caused financial losses as a result of negligent actions on the part of your solicitor
Your claim is more likely to be successful if you can prove these two things.
How to make a divorce negligence claim
If you think that you have experienced divorce negligence, the first step is speaking to a specialist divorce negligence solicitor’s firm. That’s where we come in. We are SRA-accredited and experienced in handling such claims, and we will work with you to establish what happened and how to proceed.
When you talk to our team during that first call, we will listen to you to understand what happened, and our legal team will then decide whether we are able to assist you. We do not pressure clients into pursuing a claim but we are always honest about whether we think that you have a case.
What are the time limits for bringing a divorce negligence claim?
There are time limits of which to be aware with this type of claim. Typically, professional negligence claims like this need to be submitted within six years from when the negligence took place, although you may have longer than this if you found out about the problem later. It can be difficult to assess the correct time limit so you should get in touch even if you suspect the time limit may have already expired.
As soon as you are considering suing your solicitor for divorce negligence, get in touch with us. This is because you are more likely to have documentation that can be used as evidence in your case.
How much does it cost to make a divorce negligence claim?
If you’ve already been through a costly divorce, the last thing that you’ll want to do is spend more money bringing a claim for divorce negligence. This is especially true if you have already suffered from financial loss.
We know that finances can stop parties from receiving justice. That’s why we will normally take on your case on a No Win No Fee basis, otherwise known as a Conditional Fee Agreement. If we take on your case on a No Win No Fee basis, it means exactly that – if you don’t win, you don’t pay.
If your case is successful, we will charge you a pre-agreed success fee, which will be a percentage of the damages awarded. However, we will always be upfront about our costs and will only go ahead once you’re happy with the agreed success fee.
If we think that you may be liable to cover the defendants if you’re not successful, we’ll advise you to take out After-the-Event insurance, which acts as precaution to ensure that you don’t have anything to pay if you lose your case.
Whether you wish to proceed with a divorce negligence case is your decision entirely. We’ll never pressure you into going ahead if you’re not comfortable.
Contact us today
If you think that you have grounds for a claim, speak to us today. Your initial consultation will always be free of charge and you are at no obligation to pursue a divorce negligence claim. Even if you are unsure about whether you could have a case, it is worth speaking to us to see if you do.
Get in touch today and find out how we can help with suing your solicitor for divorce negligence.