Alternative divorce methods

Over recent years you may have seen more in the headlines about alternative divorce methods. Yes, you do need a court order to get a divorce, but you do not necessarily need to go to court to reach a settlement with your ex partner about your finances, your home or your children. Courts also prefer to know that you have discussed and arranged as much of detail of your current affairs before they can make a decision on your case.

Mediation and collaborative law are two alternative divorce methods. They can help keep the divorce process to a shorter time scale, with hopefully less stress and emotional turmoil for all involved and out of the courtroom as much as possible.

Mediation

When a couple whose relationship has irreconcilably broken down wish to divorce BUT certain issues remain in dispute, mediation can help movement forwards towards a finalisation of details for the divorce court to handle.

Mediation provides a safe and neutral environment for couples to discuss all of the issues where communication has come to a halt, so that facts are worked through rather than more blame and arguments occurring.

The mediator is a fully trained and qualified individual who sits with the couple and provides a framework for the discussion that will take place. This mediator is neutral to both parties and is not there to make any judgements on the situations being talked through. Because mediators are trained in conflict resolution they can help you to decide on the best course of action for your child contact, financial settlements and where you will both end up living.

Mediation can be as long or short a process as necessary, as couples can work through their decisions at their own pace, with as many or as few sessions as required. This hopefully allows time for arrangements to be tried out to see if they are feasible, where applicable, so can often lead to better longer term solutions that everyone can adhere to.

Your solicitor will be able to advise you on mediation and whether it will be right for you. Many family law firms have trained mediators as part of their teams or they will be able to help you to arrange to see one.

Collaborative Law

Collaborative Law is a relatively new way of dealing with family disputes. It is a voluntary legal process which enables couples who have decided to separate or end their marriage to work with their lawyers and also sometimes with other family professionals too in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children.

Trained collaborative law solicitors encourage couples to reach amicable solutions by talking through issues in a managed way. It is used to reach agreements that will work for all involved and covers financial aspects, care of children and so on and is non confrontational so can ease the stress and worry that comes along with the divorce process when it is court based.

Because it is a non-confrontational approach to resolving family breakdown issues it can lead to very positive endings to the separation, with all parties knowing that they have been listened to and feeling that they have more control over the situation. Collaborative law can also reduce the usual divorce costs.

Each party appoints their own collaboratively trained solicitor who unlike the traditional method will arrange ‘round table’ or ‘four way’ meetings where both the solicitors and the couple will work together, face to face to achieve the best possible solution.

Divorce and family break up are immensely stressful and financially painful and these modern methods of facilitating a positive result for both parties.