Alternatives to court in family disputes
If you are thinking of divorcing or separating from your partner, you will probably have a lot of questions that you will want to ask. Where there are assets to divide and particularly where there are children to consider, the decision to separate or divorce is never going to be easy. In many cases, there will be well meaning friends all too willing to share their experiences and offer advice based on their own costly and acrimonious experience of divorce and separation. Such “advice” is rarely helpful. It is true however that the divorce and separation process can be a minefield and with so much information on the subject via the internet and such like, it is often very difficult knowing where to go for the right help for you and your family.
At Rowberry Morris, our solicitors are experienced in treating each client’s situation as individual .We recognise that in the vast majority of cases separating couples do not want to engage in expensive and acrimonious litigation .We are therefore committed to exploring other alternatives with our clients which can make the process easier both financially and emotionally.
One such alternative to court is mediation.
This is now recognised as one of the fastest and most cost effective routes to achieving settlement in family disputes whether the dispute is about money, children or both. Adversarial confrontation is replaced by negotiation. The mediators do not take sides and are not advisors but will assist a couple in reaching their own decisions on what will work in their individual circumstances. The benefits of mediation can be very significant both financially and personally. Couples can still have access to legal advice throughout the process and will always be advised to seek legal advice on any agreement reached in mediation.
A second and relatively new alternative is Collaborative Family Law. This is a process whereby the separating couple each appoints their own solicitor to act for them. However, instead of negotiations taking place through letters and telephone calls, the couple meet with their solicitors for face-to-face discussions. Each solicitor is committed to helping the parties reach agreement without recourse to court proceedings. Indeed, in the event that agreement is not reached and court proceedings seem inevitable, the collaborative lawyers must discontinue their involvement with the couple and new solicitors must be appointed by the parties if they want representation thereafter.
Of course, we recognise that mediation and collaborative law may not be for everyone. Our solicitors at Rowberry Morris can guide you towards making the right decision as to the way forward for you and your family. If you would like further information on divorce and separation related issues then our matrimonial solicitors are here to help. Please contact us on 01189585611.
