Couples increasingly reach agreements with one another out of Court about money and/or children when divorcing or separating.
There are a number of ways in which agreements can be reached:
1. Negotiation through solicitors
This may take the form of correspondence and telephone communication, and conclude with a meeting between solicitors and clients called a “round table meeting”. A round table meeting is a dress rehearsal of the type of negotiation that would take place at Court, if an application were to be made. Commonly, such meetings take place in three rooms: The husband and his solicitor in one, the wife and her solicitor in another and then the third room is used for the two solicitors to meet and discuss offers.
2. Mediation
A new protocol was introduced as from 6th April 2011 which means that before an application can be made of a non urgent nature relating to children or money/property, the person wanting to make the application must first be given information about the mediation process by a mediator. Information meetings are not free and have to be paid for. Mediation remains a voluntary process, and if you decide you don’t want to mediate, or your husband or wife won’t mediate with you, then your mediator will sign a form allowing you to make an application to the Court.
3. Collaborative law
This is a relatively new way of resolving family disputes out of Court. A series of meetings take place between solicitors and clients (called four way meetings) to try and resolve issues. There cannot be any Court proceedings ongoing whilst these meetings take place and if an agreement cannot be reached, you must then be represented by a different solicitor from a different firm. The process doesn’t aim to achieve the best financial outcome for you, but one that may be best for your family as a whole.
Our team at Divorce-Rights.co.uk can discuss all of these options with you. We have close links with other organizations such as counselors, family therapists, mediators, forensic accountants, valuers and independent financial advisors and can ensure that you are put in touch with a specialist in their field. “