The answer is yes.
This is one of the most popular questions people ask when they meet with me for the first time.
Many people associate going to court with doing something wrong and therefore, naturally, the prospect of court proceedings is daunting.
On a practical level court action is an expensive, timely and stressful process.
So what alternatives are there is resolving matrimonial disputes?
1. Do It Yourself
Negotiating your own agreement, with or without professional support, can be the cheapest way to a settlement and at first glance can seem the easiest. However, it is also the most dangerous as it can be a complex process with many aspects you and your partner will need to consider, and have an understanding of, so it is not suitable for everyone.
2.Instruct A Solicitor To Negotiate On Your Behalf
You appoint a family solicitor who focuses on your interests and who negotiates with your partner or your partner’s solicitor if they have one. Outcomes often depend largely on what the solicitors expect would be the result of any eventual court process. However, a good solicitor will listen to your needs, discuss your circumstances and accordingly be creative in any terms of settlement.
3. Collaborative Law Process
Under the collaborative process, each person appoints their own collaboratively trained lawyer and you and your respective lawyers all meet together to work things out face to face. Both of you will have your lawyer by your side throughout the process and so you will have their support and legal advice as you go.
4.Mediation
Mediators are trained to help resolve disputes over all issues faced by separating couples, or specific issues such as arrangements for any children. A mediator will meet with you and your partner together and will identify those issues you can’t agree on and help you to try and reach agreement. Solicitors are not present in the mediation sessions but they are available before and after meetings to guide and advise you on legal issues. A solicitor will be required to convert any agreement reached in mediation into a court order so it is final and binding
5.Arbitration
In family arbitration you and your partner appoint an arbitrator, who will make a decision that will be final and binding between the parties, on any financial and property disputes or some child related issues arising from family relationships. A solicitor will then convert the arbitrators decision into a final and binding court order.
6.Going To Court
If an agreement cannot be reached or full financial disclosure cannot be obtained from your partner, an application is sent to the court, although this sometimes happens right away if there are urgent issues to be resolved.
So, in the usual course of events going to court is a very last resort.
WHAT TO DO NEXT:
If you would like more information please call me on 07787 175 615 or send me a message via LinkedIn
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Sarah Hull
Family Law Consultant
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