How to make the divorce process less painful

Relationship Breakdown and Divorce

This is an emotional experience and it is particularly important to choose a legal framework which makes the experience less painful and costly.

It is therefore worth exploring the different process options that may pave the way for a speedy and more amicable outcome and one that keeps the family out of the court arena.

These can be framed as follows:-

1. Mediation
   Family mediators are specially trained.  They usually meet with the couple together and assist them in making arrangements around parenting and finance.
2. Collaborative Practice
   Each party instructs a trained collaborative lawyer who works with other professionals (financial and family support professionals) to support the couple through the separation process.  Two lawyers are involved but the lawyers work side by side.  All parties agree to work together outside the court process.
3. Arbitration
   The couple appoint a family arbitrator (possibly a retired judge or a very experienced member of the legal profession) who makes a binding decision on parenting or financial issues.  The arbitrator is chosen with assistance from legal advisors. The experience is bespoke and it is much quicker than using the court process.
4. Negotiating Through Lawyers
   Here your own family lawyer focusses on your interest and negotiates with your partner’s lawyer.  In the absence of a negotiated outcome, the lawyer may suggest making an application to court, hiring a private judge or family arbitration.

You can, of course, represent yourself and many people do.  There is lots of information online and if you would like to talk through your options we offer a fixed fee scheme which can help you understand what your next steps are, please click here.

Kim Beatson is a specialist family lawyer, a mediator and a collaborative lawyer.  Her email address is Kim.beatson@anthonygold.co.uk.  Telephone:  020 7940 4000.

* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*