Getting divorced - do I have to attend court?

Divorce can be a daunting prospect; some couples are understandably concerned that they may become embroiled in long and expensive court battles about their children or finances which escalate an already difficult situation. This can be avoided by careful handling of the divorce. There are also some excellent alternatives to court proceedings which make the process less confrontational. 

Mediation consists of a series of face to face meetings with you, your spouse and an independent mediator who will help facilitate your discussions. Impartial guidance is given by the mediator to help you reach an agreement. This enables you to agree upon a way forward that suits you both, rather than leaving crucial decisions regarding your family’s future to a stranger sitting as a Judge in the family courts. 

It is usually necessary to attend several sessions. You are not expected to make important decisions without expert advice tailored to your needs; in between sessions you are both free to speak with your respective solicitors and discuss your options. Once an agreement is reached, your specialist family solicitor at Birkett Long will take care of the legal formalities necessary to finalise and implement your agreement. 

The Collaborative Law process involves you both committing to resolving your difficulties without the threat of court proceedings: Collaborative lawyers have to sign an agreement which prevents them from acting for you in court proceedings if the collaborative process is unsuccessful. Your respective solicitors must have undertaken specialist training in the collaborative process. Round table meetings take place between you, your spouse and your solicitors. Like mediation, you work together to find a solution, rather than asking the family courts to impose a solution on you. 

The Collaborative Law process enables you to take advantage of the benefits of mediation whilst ensuring your legal advisor, who is fully committed to helping you reach an agreement, is by your side throughout the negotiations. 

For more information about how either of these options could assist you, please contact Philip Hoddell, a partner at Birkett Long and a trained collaborative lawyer, on 01206 217320.