For this week’s blog I have engaged in conversation with Louisa Bestford, head of Jacksons’ matrimonial team. Here is what Louisa has to say.
Q – Why did you decide to be a matrimonial lawyer?
A – I started my career in civil litigation 7 years ago. When I relocated to West Cumbria I was offered a position in a matrimonial department as a solicitor. What an education ! It was a complete change in direction and unexpectedly I had fallen into an area of law where I discovered my passion. I have returned to the North East with a life lesson which is that whilst in my career I will be unlikely to change the world as a family solicitor, I can definitely make changes to individual’s life.
Q – Isn’t it rather depressing always dealing with broken relationships?
A – Separation is a sad reality of life, even more so when there are children involved. When you meet people at networking events or mums at the school gates if you are asked what you do, and you say “I am a family solicitor” generally there are two responses; “that must be depressing” or “you must hear it all”. This was put in context recently when I was at a training course and the speaker said “It is similar to introducing yourself as the grim reaper”.’ However, as a matrimonial solicitor you have an opportunity to help people to find a way out of the upset they are experiencing. My personal favourite situation is when a parent or grandparent reunites with their child, preferably through mediation but if necessary child arrangement orders.
Q – Lots of couples don’t get married now. Does this mean we don’t act for them if their relationships break down?
A – We can assist couples who want to take the plunge and commit to each other without marrying. The office of national statistics is telling us that couples and families cohabiting are on the increase, it is considered to be a social trend. People have become far more aware that the ‘common law marriage’ is a myth. Although nobody wants to think about separation at the beginning of a relationship, resolving financial matters at the outset can eliminate all of those ‘what if? ‘ questions that nag. Our department prepares bespoke cohabitation agreements that can define how couples will live together as well as how assets will be divided if they do separate.
Q – We see on the news lots of celebrities make pre-nuptial agreements. What are these and are they only for the rich and famous?
A – Pre-nuptial agreements will not be on the top ten romantic ‘things to do’ leading up to the big day but, when two people bring entirely different financial contributions to the relationship, consideration has to be given to protecting these assets. Also couples may wish to address the fact that one party may place their career on a backburner so they can raise children whilst the other party progresses in their chosen field. Unless there is a pre-nuptial agreement you are far more likely to run the risk of a 50/50 division of your assets regardless of your contributions. These assets might have been passed on for generations. A typical example would be a farm or other family business. Another example would be where a couple marry later in life, possibly having considerable assets from a previous marriage and children. In this case a pre-nuptial agreement is an excellent way to protect their inheritance.
Q – If you see a solicitor about a matrimonial issue does this mean that everything will end up in court?
A – First and foremost a family solicitor should be promoting the Resolution code of practice which encourages a constructive approach to family issues and considers the needs of the whole family, court proceedings should be last resort. We carry out a 30 minute free consultation so that clients can explain their situation and we can give them an indication as to how we can resolve things without the need for cases to reach the Court doors. Sadly, sometimes it has to happen but in the first instance, where it is suitable, we will recommend mediation to give you the best possible opportunity to avoid formal proceedings.
Q – How should a client go about choosing the solicitor to represent them in such personal matters?
A – If you think for one second this solicitor doesn’t care or isn’t listening to you, don’t instruct them. That said, just because they may not agree with you does not mean they don’t care. You are going to invest in your solicitor financially and emotionally, do you think they will really support you? My job is to fight for my clients in the same way I would want someone to fight for me.
Q- What do you like best about your job?
A – I love my job because it lets me experience something different every day of the week. It reminds you that everyone has their own story. So often we all, including myself, find ourselves in a bubble this job gives you a reality check. I have a fantastic team who are committed to our clients and I know each and every one is in safe hands.
Louisa Bestford
E: lbestford@jacksons-law.com
T: 0191 2069617
