Divorce and the options available
Divorce is one of the most stressful processes someone can go through. Another of the most stressful processes can be moving house and it is possible that both may be required.
It involves the breakdown of a family unit and a significant amount of change for everyone involved. Everything thing that was in place is about to change and it is not clear exactly what will happen. Wider relationships with extended family and friends will change significantly and at times come to an end.
It is true that the process can never be easy and that even the uncertainty can cause significant fears and even conflict. There are ways of making it run more smoothly though, and as Family Law practitioners, we always highlight these routes and the options available.
Clearly in some cases, domestic abuse or the attitudes of the parties can prevent matters moving forward amicably.
If the parties are able to agree to move forward and are interested in limiting conflict then there are a few points worth considering.
Assemble your team around you
The divorce itself is simply a matter of administratively bringing the marriage to an end. On top of this there are the associated issues around the arrangements for children and even pets. Finally it is necessary to consider the financial arrangements. We strongly recommend taking legal advice as soon as possible. No matter how collaborative or amicable a divorce might seem to be, it is important to know what you and your spouse might be entitled to. Always secure the appropriate advice before making any important decisions.
Ensuring you have friends there to support you is also important, as emotional support can be as important as legal advice.
Take early advice and consider mediation
Emotions often run very high throughout a divorce, so having someone outside of the marriage providing impartial advice and support is key. We regularly recommend mediation where appropriate as part of the process to ensure discussions can be held in a more supportive setting with an experienced mediator controlling the discussions.
Understand the funding options and costs
It is important to understand from the outset, the likely costs of electing to resolve matters using an alternative dispute resolution process and the costs of how a contested process could bear out in the event that you reach a negotiated agreement at an early stage.
Court proceedings should always be seen as a last resort, so the goal is for both parties to be pragmatic and compromise. Should a case need to go to court, a solicitor can explore with a party, all funding options available and should provide regular costs reviews.
Consider Communication
Review how best to communicate to suit your own case, whether this be through mediation, solicitor meetings, or directly through solicitors with no direct contact. This all depends on the type of case and the extent to which the relationship has broken down.
Avoid social media and publicly posting about the process as this can inflame matters and will be used against you in the future – remain professional.
