Divorce settlement negligence claims on the rise

Jan Samuel

In recent years the number of claims against solicitors for the way in which they have handled divorce settlements has been on the increase.

Recent data reveals there has been a 33 per cent increase in the number of negligence claims in the High Court against solicitors, while another report states claims against barristers and solicitors since 2012 has risen by 170 per cent.

One of the most common issues which has arisen in divorce cases in recent years is the undervaluation of pensions. In a lot of cases a pension can be an extremely valuable asset, particularly if one of the parties in the divorce works in the public sector.

Valuing a pension is actually an extremely complex task and the cash equivalent transfer value is not always a good indicator of the value of a pension. There are also various enhancements available under certain pension schemes which will need to be taken into consideration.

Get expert advice

Expert advice is usually required from a third party such as an actuary, to value a pension properly.

If you have reached a settlement in divorce proceedings within the last six years, where you believe the value of a pension may have not been calculated properly, then it is possible that you will have a claim against your solicitor or legal advisor for the losses you have incurred.

There may of course be other assets that have not been valued properly by your solicitor, in which case you might have further damages to claim. 

In these types of cases our expert no win no fee professional negligence solicitors may be able to act for you.  If this is not appropriate we will work closely with you from the outset to find the best funding option for you. 

If you believe that you have settled for too little in your divorce contact Samuel Solicitors by calling 01271 322187 or via email today for a free no obligation discussion about your case.