Mace & Jones's family law associate solicitor on the McCartney divorce
THE marital breakdown of Paul McCartney and Heather Mills has filled an acre of newsprint. The case has been given a bizarre and unusual twist by Heather Mills’ decision to represent herself. In turn the question has been asked – do you need a divorce lawyer?
It is vital that anyone considering representing themselves makes an informed decision before following Heather’s example. The reality is that her high profile self defence has horrified many in the legal profession who believe she has set an ill-advised example.
If you are thinking of following Heather there are five points worth considering long and hard. First, money. While it may appear you can save money on legal fees by representing yourself, it is questionable there is any saving at all. Second, solicitors know the guidelines and factors that the Courts take into account when dealing with financial issues during divorce proceedings.
Third, there is a risk of irritating or antagonising the Court by not knowing what is relevant and what is not – many spouses would consider the behaviour of the other party to be extremely relevant but the circumstances in which it will be are limited.
Fourth, it may take longer to resolve the case, and finally, there are likely to be things you will fail to take into account, such as tax implications or issues relating to pensions which are notoriously complicated.
Heather Mills may have thought she was strengthening her case by representing herself from the heart. But the truth is that representing yourself, without the knowledge of how divorce law works, can only ever put you at a serious and fundamental disadvantage.