Separation – key questions

Sally Clark Blog

How to divorce without going to court

 

These days there is more than one way to divorce and most of these avoid the need to go through a costly and lengthy court battle.

 

Mediation

 

Family mediation is a process that is designed to help couples reach agreements between themselves, without negotiating through their solicitors or in a family court. An accredited family mediator will sit in on the discussions and facilitate to help both sides reach agreement. Once these agreements have been settled, a Memorandum of Understanding will be drawn up which can be used by a solicitor as the basis of the legal documents that are required to finalise the divorce.

 

Collaborative Law

 

Collaborative Law also involves both parties sitting down together to reach an agreement but in this case each side will have appointed a collaboratively trained lawyer to join them in their meetings. This means each person has the benefit of independent legal advice during the negotiations. Both sides must sign an agreement that pledges their commitment to resolving matters out of court.

 

Online divorce

 

It is possible to divorce using an online service. Although online divorces appear to offer a quick and easy fixed fee option, in most cases the fee will only cover a basic service. Very few divorces ultimately fall into this basic category as there are generally things that need to be agreed which neither side had foreseen. When these things crop up, it is useful to have a family solicitor on hand who you know and trust to advise you of the best way forward.

 

Negotiating via a solicitor

 

Even if you choose to negotiate through your solicitor, this doesn’t mean you have to go to court. If you choose a solicitor who is a member of Resolution, like Barnes Family Law, they will be committed to conducting negotiations in a constructive and non-confrontational way. They are bound by their membership of Resolution to avoid inflammatory written and verbal approaches to the other party and they always encourage clients to put the interest of their children first.

 

For advice on divorcing without going to court and the options available to you call Barnes Family Law on 01274 861 096.