Which way now?
If you have made the painful decision to separate or divorce, we believe that reaching an agreement without going to court, either by Mediation or Collaboration (below), is the best option for all concerned, particularly if there are children involved. The good news is that from a purely practical point of view, this is often more efficient too, taking less time and therefore costing less.
However, we do recognise that in urgent matters, such as one partner selling assets, the abduction of a child, and particularly in cases involving domestic violence, robust and decisive action is required.
In any of these events, we advise you to make an urgent application to the Courts so that your position is protected.
We follow the Law Society Family Law Protocol as best practice and we will always discuss all your options and their costs so that you can reach the best possible agreement. In addition, please note that as members of Resolution, we are committed to a constructive and non-confrontational approach to divorce and separation.
Mediation
Couples attend a series of meetings, guided by a trained mediator. Together you’ll reach financial agreements or agreements concerning the children. Although we would not attend the meetings with you, we provide you with legal advice alongside the mediation process.
Once you have reached an agreement, we can prepare an official document that can then be presented to the court where a legally binding order is made.
If you choose this option, we can refer you to supportive and experienced local mediators.
Collaboration
Using this method, both parties agree at the outset not to go to court. Instead, they work with each other and their lawyers through a series of face-to-face meetings in order to find solutions which best meet the needs of the whole family.
Unlike in mediation, a solicitor works with you throughout, giving you both legal advice and support in the meetings
Once an agreement has been reached, we would prepare an official document to be presented to the court and made into an order. Again, neither party has to attend court.
If an agreement cannot be reached and the matter needs to be referred to the court, we cannot continue to represent you, having agreed at the outset not to use the court process.
Bernadette Hoy, the head of our Family Law Practice, has completed a large number of collaborative cases, successfully reaching complex financial agreements, and arrangements concerning residence of, and contact with, children. (View case studies)
Traditional / Court Proceedings
If agreement cannot be reached through negotiated settlement then court proceedings are issued.
“Throughout the difficult process of my divorce I felt the personal touch was very supportive, the legal representation was well informed and the application was effective, and in combination these produced a good result on my behalf.”
