When a marriage breaks down, reaching an agreement on the outcome of the divorce or separation can be particularly challenging. Due to the level of emotion involved, it is easy for discussions to develop into disputes. When legal advice is not sought early enough, these can quickly escalate into costly court battles that only aid in dividing the family further. Once we identify the best approach for our client’s divorce, we work to achieve an outcome that not only meets the client’s needs but secures a stable and promising future for the family.
How can I secure a fair divorce settlement?
When it comes to matrimonial finances, the best way to secure a fair settlement is to reach an agreement amicably outside of court. Depending on both parties’ ability to cooperate, this can be achieved either through direct discussions between the parties, between solicitors, or through a method of Alternative Dispute Resolution. Once a decision is reached through negotiation, a solicitor will formally set out the terms in a consent order to be sealed by the Court. If an agreement cannot be reached amicably, it will be up to the Courts to weigh up the individual circumstances and make a legally binding decision based on the facts at hand.
What is Alternative Dispute Resolution?
‘Alternative Dispute Resolution’ (ADR) is a collective term used to describe the several techniques available for resolving conflict outside of court. If successful, these techniques allow both parties to save a considerable amount of time and money associated with court proceedings. They also give individuals the opportunity to achieve an outcome that suits their needs as opposed to having one decided for them by a judge.
Mediation can potentially allow both parties to resolve matters amicably and protect their interests without need for litigation. The process is fairly straightforward: the parties first attend a Mediation Information and Assessment Meeting to determine whether the approach is suitable. If mediation is a possibility, the parties will come together for a formal mediation session. The session will be refereed by an independent, qualified mediator whose purpose is not to take sides, but to actively encourage resolution. This will provide both with the opportunity to voice their opinions and discuss potential solutions calmly, outside of court.
If mediation is not possible, arbitration can be used to resolve disputes amongst separating couples. This involves both parties individually explaining their requirements and objectives of the divorce to an independent arbitrator. Once the arbitrator has heard both sides, they will determine an outcome that reflects the interests of both parties.
Why choose Streathers’ Divorce & Family Law Solicitors?
Our solicitors have vast experience taking on a range of family law issues, from simple pre-nuptial agreements to complex matrimonial finance. Regardless of how sensitive or complicated the matter, our family solicitors work with passion and determination to ensure the final outcome meets the client’s needs.
At Streathers, our family solicitors are all members of Resolution, a national organisation of family lawyers dedicated to non-confrontational separation. That means they will always encourage solutions that consider the needs of the whole family — and in particular the best interests of children.
For practical assistance and high quality legal advice through a family law issue, please contact Alicia Cenizo or Jessica Palmer of Streathers Solicitors.