Divorce - what are your options?

Have you and your partner had a very difficult time this Christmas and decided that the best thing is to separate? Sadly you are not alone. January is actually the busiest month for the divorce courts in England and Wales. This is probably a result of couples spending too much time together over the festive season, the stress of the added financial burden that Christmas brings and/or because the New Year often seems an appropriate time to sort out issues that have been festering all year.

Going to court is often a costly and time consuming process so it is important to consider your other options…

Mediation

Since April 2011 anyone considering making an application to the court for the judge to decide on issues involving their children or the division of their finances must attend a Mediation Information and Assessment Meeting (MIAM), so this would be relevant to you and your husband's situation.

So one option is to resolve your disputes through mediation, preceded with a MIAM, and facilitated by a mediator. Mediators are often qualified family lawyers who have a wealth of experience in dealing with these cases. The mediator is not able to give specific legal advice but will provide legal information to assist you in identifying what is important to you and to help facilitate dialogue. This way the mediator is totally unbiased and does not act for either person.

Collaborative law

Another option for you to consider is collaborative law; a non-confrontational approach to resolving family disputes. You and your husband would both instruct a collaboratively trained solicitor and matters are discussed in four way meetings where you and your solicitors attend together. Matters are discussed face to face allowing open dialogue. Cases dealt with using collaborative law tend to be quicker than the traditional court-based process, and what is quicker usually tends to be less expensive. As both parties are legally represented this differs from mediation as the couple's solicitors can give them legal advice throughout the process.

In summary

Ultimately some disputes are not feasible to resolve via alternatives to court, and do require court intervention. However the above options are worth considering.

Next steps

If you find yourself, for whatever reason, whatever the time of year, needing the advice of a family solicitor, ensure you make the right choice in choosing your legal representative. Our experienced family and divorce team are approachable and open and can talk you through your options and offer advice on what to expect from the legal process.

To speak to a specialist about family mediation and/or collaborative law contact partner Janet Baines on 0844 346 3147 or email her for further advice and assistance.

For more information visit our family mediation and collaorative law webpages.