Alternative Dispute Resolution

Other approaches to divorce

Divorce is a complicated and difficult process for a family to go through, and there are alternate approaches available to those going ahead with divorce.  These methods include collaborative and mediation.

Collaborative Family Law

This approach is relatively new to the UK and aims to complete the divorce process without having to go through the courts. This approach tends to work out less expensive and more amicably then a traditional divorce, with the parties involved remaining in control with the assistance of a lawyer for support. It is successful when an open and honest dialogue is formed and where information can be shared and negotiations entered into with both parties being encouraged to find their own joint solutions. This method, however, relies on the parties getting on and wanting the same outcome.

Mediation

A mediator acts as a neutral negotiator who works for the benefit of the whole family, as opposed to lawyers and solicitors, who have to fight for the benefit of their client alone. In each case there will only be one mediator who is then able to have a clear idea of what both parties are feeling.

Like collaborative family law, mediation can be faster, cheaper and less aggressive then going through the courts.

The mediator will look at both parties' financial information and put forward a fair and practical agreement that will work for both parties as well as the courts.

Legal matters in divorce

Divorce is the formal and legal dissolution of a marriage and acts to cancel the responsibilities and duties the two people have towards each other. A process that will have such an effect on a family’s life will involve a large amount of legal documentation, with which it is advisable to seek legal help.

An explanation of separation

Separation is usually the precursor to divorce for married couples whose relationship has deteriorated beyond all hope of reconciliation. A couple may separate informally or may wish to formalise things by putting in place a legally binding separation agreement.

Dealing with divorce

Despite what you will hear from various doom mongers about the imminent collapse of our society and the fact that everyone is getting divorced and there will soon be packs of feral children picking through our bins, the divorce rate in the UK has actually been falling in recent years.