Divorce and separation
It's important to appreciate that every divorce case presents a unique set of challenges that must be worked through. Therefore, divorce cases often require different negotiation methods to find a resolution.
This could mean that collaborative law could be the best option for some couples. For some other couples, family mediation might work best to resolve areas of disagreement.
This article will explain why most divorce cases are now settled outside of family courts.
No fault divorces
Today, separated couples can opt for a “no-fault divorce”. This presents a significant shift from the previous practice of having to cite fault grounds as the basis for seeking a divorce. In a no-fault divorce, neither party is required to prove that the other is at fault, which can help reduce conflict and promote a more amicable resolution.
Under the previous system, couples would have had to cite fault grounds, such as “unreasonable behaviour.” This approach often only served to inflame tensions, putting many divorce cases on the wrong footing.
Full and frank disclosure
We strongly advocate for open and honest dialogue when providing a full and frank financial disclosure during your divorce. Anything less will cause a protracted divorce, meaning if your former partner's divorce lawyers know you are trying to conceal assets, they will pursue the matter.
This is most likely going to cause protracted divorce proceedings, elevated stress levels and increased legal bills to form a defence.
We recommend against concealing your wealth.
What is a Mediation Information and Assessment Meeting (MIAM)?
Attending a Mediation Information and Assessment meeting is compulsory in most divorce cases.
Our best advice is to negotiate as amicably as possible from the outset. It is not in your or your former partner's best interest to drag the process on through the family courts unless you have no choice.
How to handle a hostile divorce
A hostile divorce can have significant emotional and financial consequences for both parties. It can prolong the process, increase stress levels, and raise legal bills.
Regardless of the circumstances surrounding your divorce, selecting the right family lawyer and family law practice is essential.
A family lawyer can guide you through the legal process, help protect your rights, and advocate for your best interests. They can also provide valuable advice on the most suitable negotiation methods for your specific case.
However, when there's toxicity, perhaps selfish behaviour, or just a complex divorce case, you must seek out the best divorce lawyer you can find. You will need a divorce lawyer who will not aggravate the situation and rub “salt in an open wound”.
Many people think they need a so-called “aggressive divorce lawyer” to represent them and to “stand up” to their former partner. However, the last thing you want is an aggressive divorce lawyer.
Instead, you want somebody with solid diplomacy skills, excellent communication skills, and the ability to work across both sites. Alun Jones and his team of expert family lawyers possess these skill sets.
You shouldn't be annoyed or aggravated if your family lawyer tries to get your former partner on your side.
Perhaps your appointed lawyer(s) seemed friendly and personable with your former spouse in the meeting, and you might have scratched your head and thought, "Why are they doing that? They should be representing me."
Again, that is the wrong mindset.
Whether you like it or not, you are all in the same boat: appointed divorce lawyers, you and your former partner. The destination is to find an amicable resolution. You or your former partner can rock your boat as much as you want along that journey, but you must find a resolution at the end of the day.
Diplomatic, friendly divorce lawyers with solid communication skills and a desire to work with both sides can sometimes find a swifter resolution than a so-called “aggressive divorce lawyer.”
Collaborative Law
Nobody wants the divorce process hanging over them for any longer than is needed.
Most separating couples will likely be mulling over the divorce process throughout its duration, so we often highly recommend using collaborative law to form an amicable settlement.
We strongly advocate for a collaborative legal approach, as it often leads to a swift resolution, bringing a sense of relief and allowing both parties to move on.
A speedy resolution saves time and money, allows both parties to move on, and starts the healing process sooner.
Using collaborative law, your former partner will be present with their appointed lawyer. In the same room, you will be present with your family lawyer, negotiating around a table directly. Therefore, a potentially binding agreement could be thrashed out relatively quickly in some circumstances.
Family courts
If all other negotiation methods have failed, the divorce should proceed through the family courts as a last resort.
When you arrive at court, you will often need expert legal representation, so you often need the advice of a family lawyer. This professional guidance can provide reassurance and expert advice during this challenging time.
We say the family courts are the line of last resort because negotiation can still occur between family lawyers. However, the decision regarding the final order ultimately rests with the courts. Both parties could therefore potentially leave dissatisfied with the final divorce settlement if you do decide to take your divorce through the courts. This possibility should be considered with caution.
Can we help you
If you need help and assistance with your divorce, or perhaps you are unmarried and require guidance from a family lawyer who can help you, do contact us today.
