A Good Divorce

“THE GOOD DIVORCE”

Divorce Processes

Divorce is sometimes unavoidable. Sometimes it will be devastating for one or both of the parties involved, but sometimes it is liberating. In almost every case there will be very much emotion, stress and cost involved. Even in amicable separations it is possible for the divorce process to sour relations and create conflict, rather than resolve conflict.

The question often posed is whether there is such a thing as “a good divorce?” William Giles is a specialist family law Solicitor of 25 years’ experience. He recognises that the process of divorce can be expensive, emotional and stressful. It can be distressing and destabilising for both parents and children.

In this series of articles William provides advice and assistance as to ways to minimise conflict, promote solutions rather than focus on process and ways to minimise conflict.

Call us now for an initial discussion as to how you can reduce the conflict, stress and cost of divorce and seek to achieve a good divorce.

Processes to resolve financial and children issues on divorce

The route to Court is a well-known one. Court proceedings are also known to increase stress, be expensive and increase conflict rather than reduce it. Whilst ultimately a Judge will resolve the situation that parents and couples find themselves in, the process itself encourages couples to make allegations against each other in order to try to achieve the best possible result. It is often the case that these allegations simply increase tensions and have little other added benefit.

The following are a list of other processes that one could consider to avoid Court:

a. The kitchen table settlementThis is where a couple reach their own solution and then seek advice from Solicitors in order to put the solution into place, often in financial cases by way of a Consent Order which is sent to the Court for approval.

b. Negotiations between Solicitors

This is where each party appoints a Solicitor to obtain financial information, known as full and frank disclosure from each party, and then negotiate a solution. In financial issues this can then be recorded in an Order and in children issues by way of an agreement in correspondence.

c. Mediation

This is where a couple will attend a series of meetings with a Mediator, who is neutral and impartial, and through increasing good communication will reach a conclusion themselves. The couple can then instruct Solicitors to prepare any documentation or record any agreement that has been reached and in financial cases send an agreed Consent Order to Court.

d. The collaborative process

This is where each party appoints a specially trained collaborative Solicitor who together in a series of round table meetings assists the couple in reaching the best possible result for the family as a whole. The process is under-pinned by signing an agreement that the couple will not proceed to Court and if they do their collaborative Solicitors cannot represent them at Court.

e. Round table meetings

This is where the couple engage a series of round table meetings with their Solicitors in order to resolve matters and thereafter filed a Consent Order with the Court in financial issues.

Couples will choose different processes depending upon what the issues are to be resolved and their attitude to how they wish to resolve matters. A couple looking for an amicable resolution who are prepared to look at trying to find a common ground are much more likely to use one of the above processes than proceed to Court. A couple who feel that they need a Judge to make the decision, as for some reason they cannot reach a decision themselves in negotiations, would proceed to Court.

William Giles is a Family Law Solicitor, Mediator and Collaborative Practitioner with Woollcombe Yonge Solicitors. If you are contemplating divorce, or going through a divorce process and wish to have an initial free discussion with Will, please telephone on (01752) 827912.