How a McKenzie Friend Helped Me through Divorce
I was really nervous at the thought of going to court for my divorce, especially as I didn’t have a solicitor. I imagined I was going to enter the lion’s den to be ripped apart by my husband’s barrister.
I was hoping from the start that a court appearance would not be necessary, as I had read that divorce cases rarely went to court. My husband was being very difficult and so a court appearance became the only way forward.
After a long marriage, we had several properties and quite a large estate to divide. I wasn’t pushing for the majority of the assets, I just wanted somewhere to live. Also, I had just been diagnosed with cancer, so I knew time was limited and I wanted to provide some inheritance for my daughters.
My husband and his solicitor were employing a technique of time-wasting, in that every response from them took forever and needed chasing. I hate to think what their motive was, but I had my guesses.
As my husband kept changing his mind on how he wanted our assets to be split, we were going round in circles, so we had to go to court as we were getting nowhere. As my health wasn’t too good, I knew a stressful day in court would really take it out of me so I was dreading the day. Carol Sullivan, from Divorce Negotiator, agreed to come with me as a McKenzie Friend. Although she could not represent me in court, she could offer me advice throughout the proceedings. She had helped me from day 1 of the divorce, so she knew my case inside out. We had built up a strong trusting bond, so I knew she would be a great asset to my case.
We prepared well for the court date and really had our facts and figures ready. I thought we would go straight into court, but we didn’t. We went into an office and my husband went into an office with his solicitor and barrister. The judge wanted us to try to reach an agreement before actually going into the courtroom. Carol was flitting back and forward between the two rooms trying to finalise an agreement with my husband’s barrister. His solicitor didn’t seem to do much – hope he wasn’t charging for his time!
The judge gave us all a time that he wanted to see progress. As the time approached, we had to notify him that we were close to a decision but not quite there. The judge extended his time limit by 2 hours.
Carol and the barrister continued to negotiate for those 2 hours, and at the deadline, we were just about ready for the judge to see our proposal for the asset divide.
When we finally went into court, the judge signed off the agreement quite quickly, he made a few changes but was happy it had been sorted outside of the courtroom.
One thing I hadn’t expected, was the compliments from my ex-husband on how well we (well I say we, I mean Carol) had handled the negotiation. Had he not been so pig-headed, he would have saved nearly £10000 if he had used the services of Divorce Negotiator. He even said that too as we left the court.
What is a McKenzie Friend and what they do for you?
A McKenzie friend, (recognised legal term), gives people who do not wish to be represented by a solicitor or barrister, the guidance and assistance they may need with their case. An unrepresented person in legal terms is known as a Litigant in Person (LIP). As well as being a knowledgeable person, providing support in court, a McKenzie friend can help with completing application forms, correspondence, the preparation of statements, devising strategies, as well as accompanying you to court and assisting you throughout the hearing.
Why use a McKenzie Friend?
There are many reasons why you might choose to use a McKenzie Friend instead of instructing a solicitor or barrister. A McKenzie friend is more cost-effective and provides an equally professional service and solution. Family law is one of the few areas of law where you are able to obtain a positive result by representing yourself, with a professional and knowledgeable McKenzie Friend to guide and support you throughout the process.
What a McKenzie Friend can do?
A McKenzie Friend fulfils many of the roles of a solicitor, such as preparing your court applications, statements, attending court with you, negotiating with the other side outside the courtroom, and on occasion, and with permission from the Judge, speaking on your behalf.
What a McKenzie Friend cannot do?
Whilst a McKenzie Friend cannot sign or send papers to court on your behalf, a McKenzie Friend can prepare all of the documentation for your signature. A McKenzie Friend is not entitled to address the court or examine any witnesses. However, in exceptional circumstances, Judges have granted McKenzie Friends, the right to speak on behalf of the client.