My solicitor messed up my divorce. Can I claim compensation?
Divorce is never a pleasant experience, so when it goes wrong the effect can be devastating..
As with most legal disputes, an element of compromise on both sides is needed in order to reach a settlement. This means that people rarely walk away from a divorce feeling 100% satisfied. However, while that sense of dissatisfaction is in most cases an unavoidable consequence of the divorce process, occasionally the outcome is made worse by the actions of a solicitor.
What can go wrong during the divorce process?
There is much that can go wrong during a divorce which can in turn lead to significant financial loss being suffered. Examples include:
- Under-settling the financial claim;
- Failing to identify a matrimonial asset;
- Failing to prevent dissipation of matrimonial assets;
- Incorrect valuation of assets, especially property and pensions;
- Failing to comply with a Court order leading to all or part of a claim being struck out;
- Incorrectly drafting any settlement agreements or court orders; and
- Failing to implement a Court Order.
Can I sue the solicitor who messed up my divorce?
If your solicitor (or barrister) messed up and caused you financial loss, then yes, you may be able to bring a compensation claim on the basis of negligence.
But bear in mind that simply because you did not receive all that you had hoped for, it does not necessarily mean that your legal team were negligent. You will have to prove that they acted in a way that no reasonably competent solicitor or barrister (with similar qualifications and experience) would have done. Furthermore, you have to show that your losses stem from that negligence and not from any other causes.
How we can help
If you are thinking of making a compensation claim against the solicitor who messed up your divorce and you have suffered loss exceeding £10,000 then you can contact us for a free initial discussion. We will look at what you think the solicitor got wrong and the loss you have suffered as a result. If there are grounds for a claim then we will be happy to consider working on a no-win no fee basis.