There were reports in the press last week that a British woman tried unsuccessfully to sue her former solicitors for negligence due to the fact that they failed to advise her that finalising her divorce would inevitably cause her marriage to end.
The response from the general public on Twitter and other online channels seems primarily unsupportive of her position. However with the lady in question a member of the Roman Catholic faith, the case does raise the issue of how a person’s religion needs to be taken into consideration by solicitors in the provision of legal advice.
In initial interviews with clients it is vital that all relevant information is both sought and given to ensure that the solicitor in question has all the necessary information upon which to base their advice going forward.
There are of course alternative options for a client who wants to sort out the finances following a separation but not proceed with a divorce.
These options include a Separation Agreement or a Judicial Separation; the later of which gives the courts the same ability to make financial court orders without brining the marriage to an end. Of course, if the other party seeks a divorce them they are not likely to agree, and file a petition themselves.