The topics covered so far in this week’s blog campaign come under the heading of Alternative Dispute Resolution. They are processes available to help the divorcing couple reach an amicable settlement regarding finances (and children). Reaching an agreement is in the best interests of the couple and can also involve a big saving on legal costs. However, sometimes there is no alternative but to apply to the court to resolve the dispute.
Archives for March 2013
Arbitration was introduced in March 2012 and is slowly gaining momentum. It is an alternative to going to court to resolve financial matters in divorce. It is most suitable for couples who do not think they could reach agreement but still wish to avoid the costs and delays associated with going to court. [Read more…] about Arbitration: A New Approach to Resolving Finances in Divorce
For some of my clients, mediation is not appropriate. They may still want to resolve matters amicably and wish to avoid going to court. They are open to negotiations with their husband/wife but would feel more comfortable having their solicitor present for this. For these types of clients, they may wish to consider the option of Collaborative Law.
What is it?
“Separating and divorcing couples can now deal with issues arising upon the breakdown of their relationship by a process known as Collaborative Law. This process involves both parties signing up to an agreement which states, amongst other things, that they will not make an Application to the Court to deal with resolution of issues between them.
These issues can include matters relating to finances or children or, indeed, both.”
What does it involve?
“Each party instructs a Collaborative Lawyer and they will then attend several (usually four or five) meetings to discuss issues ‘around the table’.
Both parties can, of course, seek legal advice from their respective lawyers during this process.
The key to the Collaborative Law process is working together to reach a resolution of issues between the parties and agreeing not to issue Court proceedings.
It works extremely well where couples can talk openly and freely regarding possible outcomes and solutions.
There is also the opportunity to seek advice along the way from other professionals, e.g. accountants.”
What are the benefits to the client?
“Legal fees involved are often much less than through the Court process.
One of the main positive outcomes of Collaborative Law is that the parties reach agreement together and maintain control over the process itself and the speed that matters progress.
The Collaborative Law process is not suitable for everyone, particularly, for example, if the relationship has been an abusive one, or if there is doubt that one party may not be completely frank about their financial circumstances.”
The information for this blog was provided by Mandy Spring, a Collaboratively trained lawyer at Barlow Robbins, Solicitors in Surrey – www.BarlowRobbins.com.
For information on the other options available to you for reaching a financial settlement in divorce, click on the links below for my other blogs in this series:
If you have found the tips in this blog useful then you’ll find lots more in my eBooks, which you can purchase and download today.
If you’d like to work with me 1:1, for help preparing for your divorce/or support during the divorce process, please get in touch to find out how I can help.
Where the separating couple are luckily enough to still be communicating well and are confident they can reach an amicable agreement, mediation may be an appropriate route for them to resolve their financial and/or children issues. Whilst I am a great supporter of the mediation process, it is not appropriate for all of my clients. I am always a little nervous of clients who wish to use mediation only because they have heard it could save them lots of money on legal costs, but have not properly understood the process involved, to establish whether it is suitable for them. [Read more…] about How To Reach A Financial Settlement Through Mediation
Each person going through divorce has a different experience. Every divorcing couple has a unique family and financial situation. To address this, there are various different approaches available to help the couple reach a financial settlement in their divorce. [Read more…] about How Do I Approach Getting a Financial Settlement In My Divorce?