Following the breakdown of a relationship, it can be hard to communicate with your ex-partner. It's natural that you won't agree about some things, but that does not mean that your divorce will have to be settled in court.
Depending on your circumstances, you may be able to use one of the following out-of-court divorce processes:
You and your ex-partner can discuss the issues between you with a third-party present such as a mediator, to attempt to reach an agreement. This person will be completely impartial throughout the discussion.
One of the main benefits of mediation is that it helps to maintain an amicable and workable relationship with your ex-partner throughout your divorce proceedings. This is especially important if there are children involved.
You can resolve a wide variety of family law issues through mediation and it's becoming more and more popular with separating couples. With court delays now common in the UK following the recent pandemic, handling divorce, separation, and financial settlements out-of-court is more desirable than ever.
There are different types of mediation you can choose from. There will always be a third-party present who will work to guide you through the process and ensure that both sides have an equal opportunity to express their concerns.
Disputes can still arise once you and your ex-partner have divorced or separated. Mediation is an effective way of resolving these disputes without having to return to court.
Financial settlements and arrangements for children are two main reasons where disputes arise for parents who have separated. You may find yourself in a situation where the original divorce settlement or separation agreement is no longer suitable for your needs. Disputes can also come up if your former partner doesn't keep to their end of the agreement.
Financial settlements are often the most complicated parts of a divorce, particularly for high-net-worth individuals and those with international assets and properties. You can divorce without a financial settlement, but a settlement will protect you from future claims and prevent disputes over shared assets.
Financial mediation can be an excellent way to manage these difficult negotiations as they prove to not only be time and cost effective but also discreet.
This is an out of court process where you, your ex-partner and your solicitors join together and try to work out an agreement.
The collaborative process involves the signing of a contract saying that you will reach an agreement and a series of round table discussions with lawyers representing each party's interests. Once a financial settlement has been reached it will become part of a court order or separation agreement, which will be legally binding. This means that if one of you disagrees later, it can be difficult to change the terms of the agreement.
During arbitration, a neutral third party known as an arbitrator decides on your case as if they were a judge in court. This method is useful if you want to keep your divorce discreet but also want an independent party to decide rather than trying to negotiate it between yourselves.
There are many advantages to settling your divorce out of court: it is an extremely time and cost-effective route and is rising in popularity across England and Wales. It's also a much less confrontational way of sorting things out.
Out of court divorce doesn't work for everyone. If you and your ex-partner aren't honest about your circumstances or aren't prepared to try and come to an agreement, then your case will need to be decided at court.
Mediation has many benefits but it is more likely to succeed if you have the right legal support behind you. Our team of family lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you.
Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.
If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.
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