Choosing the Right Process: Your Options When Divorcing, dissolving a Civil Partnership, or Separating.

Choosing the Right Process: Your Options When Divorcing, dissolving a Civil Partnership, or Separating.

Choosing the right process when divorcing, dissolving a civil partnership, or separating in the UK

When you are separating or divorcing, there are a number of different processes that you can choose to use to resolve disputes between yourself and your partner. The best process for you will depend on your individual circumstances and the relationship that you have with your ex-partner.

At Oliver Fisher we have accredited mediators and solicitors who want to help you whatever route your decide to take: Email us at: fld@oliverfisher.co.uk to arrange a consultation.

Your options

The main options for separating or divorcing couples in the UK are:

• Negotiation directly with your spouse. Its important to bear in mind the need for financial disclosure and that any agreement reached once put into a court order will be binding on you both and difficult to unpick. Some advice from a solicitor is always sensible.

• Negotiation via a solicitor representing you, or at least advising you. This way of reaching agreement is often particularly helpful for clients who find it difficult to communicate directly with their estranged partner. Particularly if they feel there is a power imbalance.

• Family Mediation: Family Mediation is a process in which a neutral third party (the mediator) helps the couple to communicate and negotiate with each other in order to reach an agreement. Mediation can be a very effective way to resolve family law disputes, and it is often the least expensive and least time-consuming option. Often each of you will have your own lawyers to obtain independent legal advice during the process.
• Collaborative practice: Collaborative practice is a process in which the couple and their lawyers work together to reach an agreement. Collaborative practice is a voluntary process, and the couple are involved in all of the decisions. However, collaborative practice differs from mediation in that the couple each has their own lawyer to represent them and provide them with legal advice.
• Arbitration: Arbitration is a process in which a neutral third party (the arbitrator) makes a binding decision on financial matters and disputes regarding arrangements for children. Arbitration is often used to resolve disputes that cannot be resolved through mediation or collaborative practice.
• Going to court: Going to court is the most formal and expensive way to resolve family law disputes. It is also the most time-consuming option. The court will make a decision on the couple’s issues based on the evidence that is presented. Sometimes there is no alternative but to start the court process because the other party is failing to engage or there is urgency, or there is a failure in relation to financial disclosure.

How to choose the right process

The best way to choose the right process for you is to talk to a family law solicitor. They can assess your individual circumstances and advise you on the best course of action.

Here are some things to consider when choosing a process:

• The relationship that you have with your ex-partner: If you have a good relationship with your ex-partner and you are both willing to cooperate, then mediation may be a good option for you. 
• The complexity of your issues: If you have a number of complex issues to resolve, such as the division of a large business then you may need to consider a more formal process, such as arbitration or going to court.
• The cost: The cost of each process varies. Mediation is often the least expensive option, followed by collaborative practice. Arbitration and going to court are the most expensive options.
• The time it takes: Mediation is often the quickest ways to resolve family law disputes. Going to court can take much longer.

Conclusion

There are a number of different processes that you can use to resolve your issues when you are separating or divorcing. The best process for you will depend on your individual circumstances and the relationship that you have with your ex-partner.

If you would like to discuss this further, talk to one of our family law solicitors or mediators. You can arrange a consultation by emailing fld@oliverfisher.co.uk. They can assess your individual circumstances and advise you on the best course of