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Divorce – Reducing the cost
ALISON DUKES OF AMD SOLICITORS LOOKS AT HOW BEST TO TACKLE THE TRICKY EMOTIONAL AND FINANCIAL ASPECTS OF DIVORCE
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divorce may often, if not always, be a tragedy, particularly for any children who may be involved. When there is no alternative however, can the cost, both
emotional and financial, be reduced by how the husband and wife, and their advisors, deal with the issues in dispute? This article will suggest 10 ways in which the cost of a divorce can be limited.
Try mediation. Can a mediator help the spouses to resolve the issues in dispute? For example, if there are children, how are they to divide their time between the two homes? A mediator will not pass judgment, but will try to help the husband and wife to find a solution that they can each live with.
“pRoviDing eviDence of asset values will benefit both siDes in the long Run”
The collaborative approach If both spouses are committed to resolving issues without using the court process they can instruct collaborative family lawyers to help them reach a settlement. Rather than trying to negotiate in correspondence between solicitors, spouses and their solicitors meet together to discuss and resolve issues.
Take your solicitor’s advice Clearly one spouse’s view of what is a fair
82 Clifton Life
www.mediaclash.co.uk
split may not be the other’s. An experienced family lawyer should be able to advise you of the likely outcome if the issues have to be resolved at court. There will be a range of possible outcomes but your solicitor will be able to advise you as to whether what you hope to achieve is in fact realistic or not.
Don’t hide assets The first stage in working out a financial settlement must be to get to the bottom of what assets are available. Trying to hide assets is usually
unsuccessful and inevitably costly, as the advisors on each side trawl through documents trying to get to the bottom of a murky picture. Voluntarily providing evidence of asset values will probably benefit both sides in the long run.
Prioritise the children In the emotional trauma of a marriage break- up, it can be hard to focus clearly upon what is the best outcome for children. A more favourable financial settlement
bought at the cost of causing stress and bitterness to each of their parents, may provide children with a better main home, or more income to fund their expenses, but is unlikely to help them to move forward with positive relationships with each parent.
Get the timing right Think carefully about the timing of negotiations on divorce. Too soon, and one or both spouses may be too shocked or emotionally raw to think clearly or behave rationally. Dragging the negotiations out too long, however, will not help the spouses, or their children, to move on with their lives. Finding an outcome that each spouse can
live with, at the point they are ready to face negotiating, should help to limit the cost of the divorce. CL
AMD Solicitors are the winners of the Local Law Firm of the Year Award 2011 and have been highlighted as one of the UK’s progressive law firms.
For advice on divorce and all family law issues contact AMD’s specialist family team by telephone on 0117 962 1205 or email alisondukes@
amdsolicitors.com
Copyright AMD Solicitors 2012
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www.amdsolicitors.com
Alison Dukes
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