Choosing a family law solicitor — what to look for

Family law matters — divorce, separation, arrangements for children — are rarely straightforward, and they tend to be emotionally difficult on top of being legally complex, which makes choosing the right solicitor matter more than it might for a more routine transaction. None of what follows recommends any specific firm; it is a guide to what is worth checking and asking.

One useful signal, though not the only one, is whether a solicitor is a member of Resolution, an organisation of family lawyers and other professionals in England and Wales. Resolution — formerly known as the Solicitors Family Law Association, founded in 1982 — was set up around the idea that a constructive, non-confrontational approach to family law produces better outcomes for separating families, particularly where children are involved, than an adversarial one. Membership requires signing up to Resolution's Code of Practice, which sets out principles such as reducing conflict, avoiding inflammatory language, and prioritising the best interests of any children involved — principles that have also been recognised more widely by the Law Society as good practice for family lawyers generally, whether or not they are Resolution members. Resolution membership is not a guarantee of outcome or of fit for your specific situation, but it does indicate a solicitor has committed to a particular professional standard and approach, which is worth knowing about upfront.

Legal aid is worth understanding honestly, because expectations here are often out of date. Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force in 2013, most private family law matters — including most divorces and disputes over children or finances between separating couples — were taken out of the scope of legal aid entirely. Legal aid for a solicitor in these matters generally remains available only where there is specific, prescribed evidence of domestic abuse or a child protection issue — evidence such as a relevant court order, a letter from a health professional, or a referral to a domestic abuse support service, following strict rules the Legal Aid Agency has no discretion to depart from. Separately, legal aid for family mediation, as opposed to solicitor representation, is more widely available and is means-tested based on income and savings, without needing to prove domestic abuse, since mediation and solicitor-led legal aid are assessed differently.

This connects to another point worth knowing before contacting a solicitor: in most cases where domestic abuse is not a feature, anyone wanting to apply to a family court about children or finances is generally expected to attend a Mediation Information and Assessment Meeting, usually shortened to a MIAM, first, to find out whether mediation might be a suitable way to resolve things without going to court. This is not universal — it does not apply, for example, where there is evidence of domestic abuse — but it is worth asking a solicitor directly, early on, whether a MIAM applies to your situation, since it can affect both the process and the overall cost of resolving things.

At a first consultation, whether free or paid, a handful of questions tend to be worth asking regardless of the specific solicitor. What proportion of the solicitor's caseload is family work, and does it cover your specific type of issue — children arrangements, financial settlements, or both? How do they charge, and can they give a written estimate, even a rough one, given how unpredictable family cases can be to scope precisely upfront? Do they favour negotiation and mediation where appropriate, or does their approach lean more toward court proceedings, and does that match what you are looking for? Who specifically will handle your case day to day, particularly at larger firms where a partner may lead but a more junior solicitor does much of the routine work? And it is entirely reasonable to ask how they will keep you updated, and how quickly they typically respond to calls and emails, since family matters often move at an uneven pace with periods of urgency followed by periods of waiting.

This article is general information, not legal advice, and does not recommend any specific solicitor, firm, or approach to resolving a family matter. Our directory lists family law solicitors by area, and checking Resolution membership, asking about legal aid eligibility directly, and getting a clear written cost estimate at a first consultation remain reasonable, practical steps before choosing who to instruct.

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