Relationship Breakdown and Divorce
This is an emotional experience and it is particularly important to choose a legal framework which makes the experience less painful and costly.
It is therefore worth exploring the different process options that may pave the way for a speedy and more amicable outcome and one that keeps the family out of the court arena.
These can be framed as follows:-
- Mediation Family mediators are specially trained. They usually meet with the couple together and assist them in making arrangements around parenting and finance.
- Collaborative Practice Each party instructs a trained collaborative lawyer who works with other professionals (financial and family support professionals) to support the couple through the separation process. Two lawyers are involved but the lawyers work side by side. All parties agree to work together outside the court process.
- Arbitration The couple appoint a family arbitrator (possibly a retired judge or a very experienced member of the legal profession) who makes a binding decision on parenting or financial issues. The arbitrator is chosen with assistance from legal advisors. The experience is bespoke and it is much quicker than using the court process.
- Negotiating Through Lawyers Here your own family lawyer focusses on your interest and negotiates with your partner’s lawyer. In the absence of a negotiated outcome, the lawyer may suggest making an application to court, hiring a private judge or family arbitration.