In the majority of the cases we handle, agreements are reached without the need for costly and stressful court battles.
There are a number of alternatives to litigation and we urge all of the people we meet to consider these carefully before issuing court proceedings.
The following routes to agreement can be a very effective way for you to resolve any disputes in respect of child issues or finances without the need to go to court:-
Mediation Solicitors
Mediators can help you to address all issues arising on separation, or you can choose to use mediation to resolve specific issues such as arrangements for any children or the financial consequences of divorce or separation.
A mediator will meet with you and your partner together or separately and will identify those issues you cannot agree and try to help you to reach an agreement. Mediators are neutral and will not take sides. They are not legal advisors and will usually recommend that you obtain legal advice alongside the mediation process.
Once you have reached some broad terms of agreement that you both find acceptable, the mediator will prepare a summary of them together with a summary of any financial information provided, which will be sent to each of you to discuss with your lawyer. In the case of financial matters, after you have both received legal advice and are happy with the proposed agreement, a family solicitor can convert the summary into a legally binding document (a draft court order which will be submitted to court for approval by a judge, whereupon it becomes a binding court order) and carry out any necessary implementation.
Mediation is not suitable for all people. For example, you may feel that you are unable to negotiate or discuss matters without feeling intimidated or bullied by your partner. At an initial meeting with us, we would be able to assess your circumstances and discuss whether we feel mediation is a suitable option for you.
DIY – reaching an agreement between yourselves
Negotiating your own agreement can be the cheapest and easiest way to reach a settlement. You can do this with or without professional support.
This option is not suitable for everyone but may work for couples who have mutually agreed to divorce, who remain on good terms and communicate with each other well, trusting each other sufficiently to agree on how to share money and property. It is recommended that you take legal advice before choosing this option to ensure that you understand your rights and the full implications of any agreements and decisions you take.
If you are going through a divorce or dissolution of a civil partnership, you should be aware that any agreement you reach with your partner will only be made final and binding once it has been made into an order of the court as part of the legal process. We can promptly draft court orders based upon agreements reached by couples and ensure that your agreement is legally binding.
Collaborative Law
For more details on the collaborative process, please see our separation section on collaborative law.
Negotiations through Solicitors
Many of the people we meet say that they want to negotiate a settlement 'out of court'. This is perhaps the most common and traditional method people use to reach financial settlements and resolve disputes regarding children.
When using this method to resolve the financial aspects of a divorce, both you and your partner will be asked to provide full details of your financial affairs and, if necessary, experts can be instructed to provide valuations of assets, such as the family home or, if appropriate, the family business. Once that financial information has been provided to the other and we have a clear picture of the value of the assets of the marriage, we can then begin to negotiate the best settlement for you.
Family law solicitors
To arrange a discussion with a family law solicitor click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
