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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask that people STOP giving incorrect Legal advice!!!

241 replies

PoisonMaple · 27/04/2024 08:14

I see this time and time again.

Stop it. Especially in family matters.

I get it, some information is generic and helpful, but seriously, the details!!! Stop it. These are people who are struggling and looking for understanding, give it, but stop giving Legal advice unless you're qualified to do so.

No, you are not garaunteed spousal maintenance.

No, you cannot name the OM/OW in Proceedings.

No, you cannot delay your divorce to force the other side into financial disclosure.

No, you are not going to get to keep the house because you've been at home with children. Even if you do get the house, it'll be for a set period of time until the Courts deem that you need to sell or find an agreement which allows the other sides longterm housing needs to also be met.

No, you cannot just 'get his payslips,' get your 'ducks' in a row, screenshot the messages, and then assume that you'll get a better settlement with all this evidence. You won't.

'Custody' is not a thing. Your child(ren) will live with and spend time with.

No, you cannot ensure PR remains only yours. A Declaration of Parentage is simple and straightforward, as is the process to prove you're a parent and get PR, even abusers are entitled to that. It does not guarantee contact, but you can't stop PR by not adding to a birth certificate. Especially if the other side is persistent and wants that right.

I understand more than most how emotive a marriage/relationship breakdown is, both the human and legal aspect of it.

The bottom line is this, every matter is different. The process may start off the same, but the outcome is not the same each time and never garaunteed. A settlement that I can get for 1 client is absolutely not going to be the case for another client, even if their circumstances are the same.

OP posts:
Thread gallery
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TheLongpigs · 27/04/2024 08:19

Agree, however, I would always encourage anyone facing a marriage ending to get copies of anything relating to financial matters. It's a worthwhile exercise and can be very helpful if the other person wants to play silly buggers with the money.

PoisonMaple · 27/04/2024 08:24

TheLongpigs · 27/04/2024 08:19

Agree, however, I would always encourage anyone facing a marriage ending to get copies of anything relating to financial matters. It's a worthwhile exercise and can be very helpful if the other person wants to play silly buggers with the money.

I understand this, but someone who is going to be hard work in finances is going to do that regardless of what you have access to. I'm not saying it isn't helpful, I'm just saying it doesn't garauntee a thing.

I've got clients who after the wisdom of advice given on Mumsnet, will come to me with all their 'evidence', and a vast majority is irrelevant and just takes up my time, they get billed for that time and undoing the myths they've been told only causes harm to them at an already very, very difficult time.

Clients show me screenshots of 'advice' from Mumsnet!!!

OP posts:
Haydenn · 27/04/2024 08:24

Post to mumsnet for emotional support. But many family solicitors will give a free first hour of advice, go there and speak with them to understand the process and what you need to be doing to start things off.

PoisonMaple · 27/04/2024 08:26

See attached.

Again, not true!!!!!!

To ask that people STOP giving incorrect Legal advice!!!
OP posts:
89redballoons · 27/04/2024 08:26

As a rule of thumb, no-one who is actually legally qualified and practising would (or should) give free legal advice on a public Internet forum about a specific case.

CelesteCunningham · 27/04/2024 08:28

More importantly - no one should take legal (or medical, financial etc) advice from MN. You have no idea of anyone's qualifications or experience - for example, everything you've said could be wrong OP and I would have no idea.

We all should think of MN as talking to friends over coffee, and use it to brainstorm what we would like to happen and what might be possible - and then go to a qualified solicitor (or doctor or IFA or or or).

Remember, no one in a regulated profession of any kind will give anything more than general pointers on here, they have to be extra careful.

I'm an actuary and never give individual advice about pensions or investments on here, but I'll happily talk about HFM Vs chickenpox or when to see a GP about a cough.

PoisonMaple · 27/04/2024 08:29

Haydenn · 27/04/2024 08:24

Post to mumsnet for emotional support. But many family solicitors will give a free first hour of advice, go there and speak with them to understand the process and what you need to be doing to start things off.

This is accurate, except you don't get an hour and you are not talking to a solicitor, we are fee earners, meaning our time is billable, and we are in court, a lot.

We have fantastic Paralegal's who will spend time understating your issues, tell you what your options are in terms of next steps (process only, not advice), and then leave it with you.

You will not get a free hour anywhere with a qualified solicitor unless they are available pro-bono and you are eligible.

OP posts:
pictoosh · 27/04/2024 08:29

Yabu - people spouting forth their inaccurate advice comes with forum territory.
You're not wrong but you will never stop people doing it. Not ever.

PoisonMaple · 27/04/2024 08:30

pictoosh · 27/04/2024 08:29

Yabu - people spouting forth their inaccurate advice comes with forum territory.
You're not wrong but you will never stop people doing it. Not ever.

FML 🤣

OP posts:
MythosK · 27/04/2024 08:31

Same with housing law!

PoisonMaple · 27/04/2024 08:31

I think part of the issue is it is called 'advice' - really we should call it information/knowledge.

OP posts:
Pheasantsmate · 27/04/2024 08:33

PoisonMaple · 27/04/2024 08:29

This is accurate, except you don't get an hour and you are not talking to a solicitor, we are fee earners, meaning our time is billable, and we are in court, a lot.

We have fantastic Paralegal's who will spend time understating your issues, tell you what your options are in terms of next steps (process only, not advice), and then leave it with you.

You will not get a free hour anywhere with a qualified solicitor unless they are available pro-bono and you are eligible.

Most of the offers I have seen specify that the time is with a lawyer 🤷🏻‍♀️suppose it depends where you go

pictoosh · 27/04/2024 08:33

Why FML?

I'm not being facetious - you might as well try to turn back the tide. I agree with you but your post will soon disappear and people will carry on offering ill-informed legal advice as usual.

Why not ask mumsnet to pin a topic dedicated to it?

PoisonMaple · 27/04/2024 08:33

MythosK · 27/04/2024 08:31

Same with housing law!

Oh my goodness, yes!!!! My old (and very painful) stomping ground. 😃

Changing the locks does not guarantee that the house is yours!!!

You cannot withhold rent in lieu of repairs.

You cannot just get yourself 'added' to the house for legal title. It isn't a simple 'land registry will sort that for you'.

OP posts:
jeaux90 · 27/04/2024 08:35

I often cringe at the naivety on here and think JFC go to a solicitor.

PoisonMaple · 27/04/2024 08:35

Pheasantsmate · 27/04/2024 08:33

Most of the offers I have seen specify that the time is with a lawyer 🤷🏻‍♀️suppose it depends where you go

I think it depends on the nature of what you're looking for. Does the advert specifically say 'Solicitor' or 'legal advice' - the 2 are different. Some firms run clinics and drop in sessions.

I'm not saying that you won't get great direction, you will. But I don't know of any firms that offer 60 minutes free with a Solicitor.

OP posts:
CheeryPye · 27/04/2024 08:37

To be fair half the problem lies in, people believing they are actually getting proper legal advice on here. It says at the top of every page that MN hasn't checked the credentials of anyone.

CelesteCunningham · 27/04/2024 08:37

MythosK · 27/04/2024 08:31

Same with housing law!

Same with literally every profession.

The problem is with posters interpreting what they read as fact rather than pondering.

YaWeeFurryBastard · 27/04/2024 08:41

Omg yes, the “you’re entitled to a free half hour with a solicitor” really grinds my gears! This literally never happens.

pictoosh · 27/04/2024 08:42

CheeryPye · 27/04/2024 08:37

To be fair half the problem lies in, people believing they are actually getting proper legal advice on here. It says at the top of every page that MN hasn't checked the credentials of anyone.

I mean yep, this is a chat forum. I could pretend to be in any profession you care to mention.

There are also the reams and reams of unrealistic advice about any topic blurted out, usually beginning, "I would..."
Like hell they would.

Forums eh?

BathshebaEverdene1 · 27/04/2024 08:42

Yes but to be honest it's up to the individual to seek proper advice not listen to strangers online. In life, people often talk ill informed nonsense and everyone should know that, surely.
I know of someone who recently arrived at the family court with his mum and sister in tow, convinced they could come in and have their say.
Not one of them had even used the internet to do the most basic research.
This is despite being convinced they are really really " clever".

LeaveTheClocksAlone · 27/04/2024 08:42

I do genuinely have a law degree.

sent from iphon

Fluffycloudsfloatinginthesky · 27/04/2024 08:44

YaWeeFurryBastard · 27/04/2024 08:41

Omg yes, the “you’re entitled to a free half hour with a solicitor” really grinds my gears! This literally never happens.

I did get a free half hour with a solicitor HOWEVER he could only given generic advice not specific to me as I wasn't paying.

FriendlyNeighbourhoodAccountant · 27/04/2024 08:45

LeaveTheClocksAlone · 27/04/2024 08:42

I do genuinely have a law degree.

sent from iphon

Brilliant 😂😂

Warrantedrab · 27/04/2024 08:47

YaWeeFurryBastard · 27/04/2024 08:41

Omg yes, the “you’re entitled to a free half hour with a solicitor” really grinds my gears! This literally never happens.

You’re not entitled to it, but they are easy to find with law firms. I used a few when I left my partner to understand how things stood