Modest Asset Cases - A Practical Guide for Family Lawyers

Introduction

These can be the hardest cases of all to settle and deal with. The parties are fighting for their financial lives, the needs of the parties outstrip the assets and usually they are desperate not to have to fall back onto state assistance.

Such cases are frequently given to junior members of the firm and can prove to be a real challenge. There is often not enough money to justify taking matters to court so giving your clients straight to the point advice is essential.

This in-person course is suitable for family lawyers who are recently qualified and who are running their own caseload. It would also be suitable for those wishing to specialise in family law.

What You Will Learn

This in-person course will cover the following:

• Give realistic advice on housing options, including whether your client is likely to keep the matrimonial home, Mesher orders, and part rent part buy options
• The proper approach to smaller pensions, including when it becomes important to consider actuarial advice, and avoid the growing number of negligence claims against family lawyers who gave legal advice on pensions
• The place for maintenance orders in a modest asset case and the interplay between spousal and child maintenance, including cases that would benefit from a global order
• To take the client from disclosure to making a without prejudice offer in three easy stages
• Prepare persuasive first appointment documents that are succinct but get to the heart of the issue
• Help your neediest clients, develop your reputation as the local ‘go to’ lawyer for no nonsense answers for normal people and service the market that no one else is able to help