Although the media is full of horror stories about long and costly divorces going through court in order to come to a financial settlement, this is by no means the norm.
Most financial agreements are settled out of court in divorce cases, saving both parties a lot of stress and a lot of money.
When financial agreements are settled out of court then a Consent Order is drafted and presented to the judge. The judge will seal the Consent Order provided that it is fair and includes everything that is needed.
It is generally a much less stressful process to keep the financial agreements out of court, as both parties feel like they have had input and control over the outcome. Working with experienced divorce lawyers through mediation is a much less confusing process for someone with no previous experience of law courts.
That is not to say that this process is possible for every couple. If there is a large amount of money, complex financial arrangements or couples can not come to an agreement then the financial settlement will have to be decided by a judge.
Settling out of court does not mean that you do not need legal representation. The mediation process requires a qualified mediator and you may wish to seek assistance from a divorce lawyer who can guide you through your options, or carry out a forensic investigation of your spouse’s finances.
Make sure when you choose your divorce lawyer that you choose someone who will work for your best interests and keep your financial settlements out of court, saving you time, stress and money.