How to keep your divorce out of court
Communication is often one of the first things to breakdown when a couple separate, but communication also is the key to keeping a divorcing couple out of court. However, the loss of love, trust and respect which often accompany divorce can make it incredibly difficult for a couple to talk, rather than end up in yet another argument.
This is why specialist family lawyers recognise that “the law” on divorce is only part of the solution to helping a couple move on with their lives. The need to help a couple have a constructive and non-confrontational conversation is crucial, especially if they also have children together.
Therefore, family lawyers can work with experts in language and dialogue, known as “family consultants”. This is not therapy nor an attempt to help a couple reconcile their marriage (we recommend you go to RELATE for that sort of help).
Family consultants are trained to understand the whole picture and who will listen without judgment. Divorcing couples can meet in an environment where they feel safe to reveal their thoughts, feelings and fears, knowing it is all totally confidential.
Then, even when the couple still disagree on key issues like who gets the house or where their children will live, the family lawyers working with a family consultant can more quickly (and cheaply) help the couple reach a compromise and keep their dispute out of the much more expensive and stressful court system. To achieve this, sometimes, the family lawyers will meet in the same room with the couple “around the table”, to ensure the focus remains on how the couple can fairly share their financial assets.
Another way which family lawyers help to keep divorcing couples out of court, includes working with a “family mediator”. This is a neutral person who will meet with a couple, usually without the family lawyers themselves not being present. The family mediator is not there to impose a decision on the couple, but will try to help identify a common ground which can lead to an agreement. The family lawyers will then record that agreement within a legally binding document.
The key thing for a divorcing couple to remember, is that divorce process itself does not help resolve financial issues or child arrangements. It is these arguments which can often end up with a divorcing couple in a very expensive, long and stressful Family Court process. However, most divorcing couples can avoid this, by instructing family lawyers like those at Harold G Walker Solicitors who are committed to keeping couples out of court whenever possible.
For further information please contact the Family Law team.