Resolving divorce and separation out of court

Take five guide - Resolving divorce and separation out of court  

Alternatives to handling divorce in court is becoming increasingly common, with separating couples looking to find less expensive and time-consuming options. Those separating are also being actively encouraged to keep their case outside of court, following rules changes in April 2024 requiring parties to consider “non-court dispute resolution”.

In order to better understand what is available, our lawyers have outlined some of the options in this Take Five guide.  

 

1. Mediation/Hybrid Mediation

This process involves the parties meeting with a mediator who is trained to be neutral during discussions in order to help guide you both towards a solution. Generally only you and your ex-partner attend, however the mediation process can be tailored to your needs i.e. you can instruct a solicitor to provide you with advice during the process. Once an agreement is reached, the mediator will direct the parties to another solicitor to draw up the agreement. Find out more here.

2. One Couple One Lawyer

Similar to mediation, the OCOL approach sees one lawyer meet with a separating couple together, with the difference that they are also able to give you both advice and draw up an agreement. A really effective route to lower costs and keep things amicable, OCOL is a suitable route to separation for couples who are willing to compromise to reach an agreement that is, holistically, for the benefit of the family as a whole. Find out more here.

3. Early neutral evaluation

A neutral third party, usually a senior family solicitor or barrister, provides an objective assessment of the likely outcome of your dispute which can either be delivered in person or in writing. This is often used to provide a clearer view on all or just certain issues but is just an indication rather than imposing an answer.

4. Collaborative/Round Table Meetings and Negotiation

Both parties instruct a collaboratively trained solicitor to act in a series of round table meetings. This provides the benefit of separate legal advice but ensures both sides are signed up to the process under the agreement that neither will look to apply to the courts throughout the course of the process. Even if you do not sign up to a collaborative process, we can assist with round table meetings and negotiated settlements. Find out more here.

5. Arbitration/Private Hearings

An arbitrator (similar to a Judge) is appointed by the parties to hear their case and make a final decision. A more timely and cost-effective route compared to court, this still enables both sides to have legal representation and can deal with all issues or just certain areas of disagreement. Alternatively, usually in the case where parties are already in court proceedings, we can pause the proceedings to take part in a private negotiated hearing with a mutually agreed “Judge” who will give your case much more time and attention before providing an indication of settlement options.

Would you like to know more?

Thrings’ Family Lawyers are experienced in all areas of the law that are close to home and support individuals and couples with sound tailored advice to successfully navigate divorces and separations.

 

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