Choosing the right divorce process for you

All families and their personal circumstances are different. When choosing the right divorce process, it is important to try to get the right method and approach for your specific family situation because it could save you both time and money in the long term.

Factors that influence choosing the right divorce process for you

When deciding to get a divorce or dissolve a civil partnership, some of the factors that can influence your choice include:

• Finding the best option for putting the children’s welfare at the heart of the process.
• Feeling in control of decisions made about your family’s future.
• Whether your financial affairs are complicated and unclear.
• Feeling supported throughout the process.
• Keeping the costs to a minimum.
• Avoiding lengthy delays.
• Finding a process that minimises conflict and stress.

The options available

There are several options available to suit most family circumstances which include:

• DIY Divorce
• Lawyer negotiated divorce
• Mediation
• Collaborative practice
• Arbitration
• Going to court

You can choose to use a combination of the above if it is right for your situation. Here we take a closer look at the pros and cons of each method.

DIY divorce

Negotiating your own agreement can be the quickest and cheapest option for divorcing. However, it requires you to be on good terms and to be able to trust each other. In terms of childcare, property and financial decisions, it is also paramount that the agreement is fair and considers both short- and long-term needs. It is worth taking professional legal advice from an experienced family lawyer during the process, to ensure what you’ve agreed is just and fair and so they can make the agreements legally binding.

More information can be found here: https://www.tisshawssolicitors.co.uk/potential-problems-with-diy-divorce/

Lawyer negotiated divorce

This process usually involves you both appointing family lawyers, who negotiate on your behalf. Having the support of a lawyer throughout the process can be beneficial and usually results in reaching agreements without going to court. This process can also be used alongside other methods, such as mediation.

Mediation

Family mediators are impartial and have been trained to help resolve issues arising from family breakdown. They will help you identify the main issues and help you both to reach agreements. These are then sent to your lawyer to discuss with you to ensure you are happy with the arrangements agreed and that they are fair to both parties. The agreements are then converted into a legally binding document.

More information can be found here: https://www.tisshawssolicitors.co.uk/services/mediation/

Collaborative practice

In this instance, you both appoint a collaboratively trained lawyer and the four of you hold a series of round table meetings to reach an agreement. The meetings can include family therapists, financial advisors and pension experts, as appropriate. The process is driven by your own timetable and once agreements have been reached, the lawyers write up the settlement into a legally binding document. At the start of the process, all involved must sign a document agreeing to resolve the issues without resorting to court. If negotiations do break down and you end up going to court, you will both need to start again with new lawyers.

More information can be found here: https://www.tisshawssolicitors.co.uk/services/collaborativelaw/

Arbitration

If you and your ex-partner cannot reach an agreement, arbitration offers an alternative to going to court. When using arbitration, you and your lawyer appoint an arbitrator to make legally binding decisions on the issues around childcare, property and finances that you cannot agree on. The arbitrator will hear both party’s arguments and make the decision for you. Any rulings made are legally binding. The advantages of arbitration over going to court include greater flexibility over the timings and place of hearing, confidentiality and a less formal setting than a courtroom. It is also cheaper than court and can be used just for specific issues, such as pension sharing, that you are unable to agree on.

More information can be found here: https://www.tisshawssolicitors.co.uk/arbitration/

Going to court

Sometimes going to court remains the only option if all other methods to reach an agreement have failed. However, before making a court application you must provide evidence that you have both attended a Mediation Information and Assessment Meeting (MIAM), with an appropriately qualified family mediator, to prove you have considered mediation and are aware of other non-court options. There are certain exemptions involving victims of domestic abuse. Court proceedings are costly, stressful and subject to lengthy delays, but if this is your decision the court will issue a formal timetable outlining next steps. Once the process reaches the final hearing, the judge will decide what is considered to be a fair agreement and settlement which is made legally binding by a court order.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £150 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.ukor complete the form below.