10 Steps to assessing Divorce Negligence Claims with Sue The Expert
Divorce can be stressful, fraught, emotional and a very difficult time.
Your divorce lawyer has a duty of care to act in your best interests and obtain a fair divorce settlement on your behalf.
If you were divorced after December 2000 and you think your spouse’s pension fund was either completely ignored by your solicitor or undervalued, your divorce lawyer could be negligent and you may be entitled to more than the financial settlement you received.
At Sue The Expert we work with many people to challenge their unfair divorce settlements and assess whether or not they were valued fairly. We have achieved significant settlement figures for many people who have suffered financial losses at the hands of their original divorce solicitors through divorce negligence claims. Many divorcees may not even realise that they have a claim.
Going through a process of claiming against a negligent divorce solicitor is easy and straightforward when completed with Sue The Expert. Our professional negligence claim solicitors have an excellent track record in successfully negotiating financial settlements of divorce compensation; sometimes these settlements are six figures.
With no contact with your ex, and working on a no win, no fee basis, you really do have nothing to lose in investigating whether your divorce solicitor acted negligently (towards) in dealing with your case.
Here is how the 10 steps to divorce negligence works:
1. Call us and tell us how your case was dealt with
This initial call will allow us to establish the facts and seek information from you about your divorce, your settlement, what was taken into account and who represented you.
2. We will assess in the first instance whether we think you have a claim
From our initial chat, we will note areas in which we feel that your divorce solicitor may have been negligent.
3. We will obtain your divorce file
Some clients have this already; others have successfully contacted their former firm to obtain this. If not, it is something that we can do. We will fully investigate your file and the valuations of your assets.
4. We will contact you to start a claim
We will get back in touch with you with our initial assessment of whether we think you have a claim and what your claim could potentially be worth.
5. We will keep you informed every step of the way
Our dedicated team of divorce negligence claim solicitors will keep you informed by email and phone on the progress of your case.
6. NO contact with your ex
You do not personally have to contact your ex at all during this process.
7. An independent report will be drawn up to assess your settlement value
We will instruct an independent financial expert to properly assess the value of the pension fund and other aspects of asset valuation within your divorce settlement. This expert will complete a report of their findings and indicate areas of financial loss to yourself.
8. Your case will be presented before court
Once confident that you suffered financial loss and your divorce solicitor acted with negligence, we will present your case to court for a judge to make a decision on whether your case should go to trial.
9. We operate on a NO WIN NO FEE basis meaning no financial loss to yourself
At this point, if a judge has ruled in our favour that we have a case, your former firm may offer a financial settlement ‘out of court’. If not and this goes ahead to trial, it is important to note that your ex partner will not be present in these proceedings - we are claiming against your former divorce lawyers, not your ex. If this does go to trial, we operate on a no win no fee basis and you would not incur any legal costs.
10. We negotiate a settlement on your behalf
In the majority of cases, an out of court settlement figure is usually offered. We will work with you to recoup your financial loss.
Contact us today to see if you have a divorce negligence claim
0345 052 3529 [email protected] or use the contact form here
Tens of thousands of women could be in line for significant payouts because their solicitors miscalculated the value of an ex-husband’s pension when splitting assets in a divorce.
The benefits embedded in complicated final salary pensions have often been discounted by solicitors, or the entire pension overlooked when assets have been divided after divorce.
The Brown Turner Ross Professional Negligence Team have specialist solicitors dealing with these claims and have a growing case load. The clients are usually women whose previous solicitors either failed to value a pension fund correctly or, ignored its value altogether when dealing with the financial settlement.
Some experts estimate that the number affected by this type of professional negligence could potentially involve up to half the 1.2million divorces in the UK since the law changed in 2000. Could you be someone who has such a claim?
If you became divorced in England or Wales after 2000 & the assets included a pension fund your settlement may have been too low – call our Team to find out if your solicitor either under valued or ignored a pension fund when negotiating your settlement – you may have a claim against your previous law firm.
We deal with many cases where solicitors fail to fully understand the complex Rules and Regulations of a pension in divorce settlements. Many people now (and the number is rising) have some form of a pension often linked to their employment. The value of the fund can be substantial and the detailed provisions of the scheme need to be carefully scrutinized in any divorce settlement.
Getting this wrong is easy but the result is that you suffer a financial loss if the fund is undervalued & the loss can run into six figures. Claims can also arise where a financial settlement is lower than it should be or, where the level of financial support one party is to receive is wrongly calculated.
Call us and tell us how your case was dealt with & if we think you have a Claim we will
- obtain your File from your previous solicitor
- analyse that & advise you as to whether you do have a claim
Usually what we find is that the settlement arrived at cannot be re-opened which means that your claim has to be directed against the law firm.
We work on the basis of a No Win No Fee arrangement so if we do not recover any money for you then you pay us nothing! So, what do you have to lose? As the potential claim is against your solicitor we do not need to contact your ex wife or husband.
If you consider that your solicitor has ‘let you down’ as a result of a negligent act or advice causing you financial loss, you may have a claim for compensation and other losses so call us now to discuss your case.