Divorce lawyers: proving our worth

We are used to buying practically everything on the internet. Accordingly, why shouldn’t we also be able to buy a divorce online? Or is that just too simple and one-dimensional?

Britain still has the highest divorce rate of any country in the EU. Although the number of divorces has been falling slightly since the mid-1990s, in 2011 there were still 118,000 in England and Wales. In addition, in 2012, 117,500 children were involved in private law children proceedings.

There are, therefore, many people who need clear, expert and independent advice about the consequences of separation and divorce, both for them and their children. At the same time, however, it is becoming more difficult for the public to obtain such advice, especially those of limited means.

The last few years have seen radical changes in the legal market. Legal aid was all but abolished in April; the regulation of legal services has encouraged new entrants into the market (though with limited success so far).

Another development which is of greater concern has been the increasing number of online sites offering a range of services for divorcing couples at very tempting prices. The clear message from those sites is that consulting solicitors should be avoided.

Until now solicitors have been the first port of call for most clients contemplating separation and divorce. We cannot expect this to continue. Even The Legal Ombudsman in Using a divorce lawyer: Ten helpful tips encourages separating couples to consider mediation before instructing a solicitor.

As a profession we need to accept that there will always be couples who need only a divorce and nothing else. In other words, they will have no issues to resolve with regard to either their children or their finances. That said, those couples are likely to be in the minority. The majority still need clear, independent, professional advice from qualified lawyers.

For the unwary, a number of online sites have hidden dangers or pitfalls. There are frequent references to ‘experts’, ‘specialists’, ‘legal professionals’ and ‘trained staff’. But rarely are these sites specific about precisely who will be undertaking the work, and what qualifications and experience they have.

Moreover, there appears to be no regulation of companies offering online services. There is no requirement for compulsory indemnity insurance or complaints procedures.

All too often, couples are not warned that they will need separate and independent legal advice. The concept of conflict of interest does not seem to exist online.

I have heard of one company which suggested to its clients that, following the sale of a family home, it should receive all the proceeds and that it will then pay off the couples’ debts and distribute the remaining money between them. What will happen to that couple if the company does not pay off their debts, does not pay them the balance, and either the company goes out of business or the money disappears?

If, as a profession, we stand back and do nothing we will be letting ourselves down. More importantly, we will be letting the public down, especially those who may be seduced into believing that all a divorce entails is a simple matter of filling in an online form and paying a modest fee. We also need to ensure that the public are aware of what we, as lawyers and in particular as family lawyers, have to offer.

We need to emphasise that we are able to recognise that each case is different and requires its own individual solution.

With the withdrawal of legal aid and at a time when the court service is facing virtual meltdown, there has never been a more important time for solicitors to ensure that they offer divorcing and separating couples the best possible service, and exert whatever pressure is necessary to ensure that other would-be providers of legal services are also required to meet those high standards.

Graham Coy is family partner at Mundays in Cobham, Surrey