Ghoul World?

Last week, former Oasis frontman Liam Gallagher had a few choice words to say about his divorce from ex-wife Nicole Appleton, and in particular the lawyers instructed on both sides to deal with the divorce.  Omitting Gallagher’s explicit language, he commented that:-

“…I was living in a ghoul world with lawyers.  Every day.  If it wasn’t the divorce lawyer it was the other lawyer.  It was grim.  They just make it worse.  They strung it out, mate.  They definitely know how long a piece of string is.”

Is this an accurate representation of a couple embroiled in trying to resolve the financial issues following the breakdown of their marriage, or is Mr Gallagher’s experience the exception to the rule?  In my view, the answer (from a Scottish perspective at least) is definitively the latter.

I have been at enough dinner parties to know that the general perception of divorce lawyers can be negative – after all, people generally encounter us at one of the lowest points of their personal lives and, in anything but the rarest cases, divorce is rarely welcome.  However, the vast majority of divorce lawyers that I deal with daily are absolutely committed to helping their clients resolve the financial issues arising from separation as quickly and painlessly as possible, and it is difficult to imagine that the lawyers in this case would have intended any differently.

The vast majority of cases in Scotland are successfully resolved by negotiation. That is not to say that there are never battles along the way – of course there are.  The reality is that there can be points of fact or law which can vastly impact on the financial outcome for our clients (and thus how long the piece of string is) and sometimes those are worth arguing about.  However, in most cases a compromise that both parties find acceptable can be found.  Indeed, one advantage we have in Scotland is that the legislation that underpins family law leaves far less room for discretion than its English counterpart.

The good news therefore is that Mr Gallagher’s experience is rare, at least insofar as I have seen in my thirteen years in this field.  Without  a much more detailed understanding of the issues in dispute, it is impossible to know how things became so “ghoulish”.

If you find yourself facing a separation, you can have confidence that if you instruct a specialist divorce lawyer we will of course fiercely protect your interests, but that should not in any way preclude a civil and constructive negotiation. While it would be naïve to pretend that resolving the issues arising from a separation is a happy experience, part of our job will always be to try and ensure that our clients walk away feeling as positive as possible about how the case was conducted on their behalf.  Thorough, comprehensive and straightforward legal advice is in my view absolutely critical for any individual facing relationship breakdown, and no-one in this situation should be deterred by any ghost (or “ghoul”!) story.

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For More Information Contact:
Sally Nash
Mobile: 07487 802 488
Direct Dial: 0141 285 4793
Email: snash@gilsongray.co.uk

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Philippa Cunniff
Mobile: 07487 800 526
Direct Dial: 0131 285 4792
Email: pcunniff@gilsongray.co.uk

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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.