68
THE GUIDE TO... FAMILY LAW
AVOIDING COURT DURING A DIVORCE
by John Osborne Partner, Harrison Drury
Our divorce and family law team regularly deals with highly complex cases that arise following the breakdown of a marriage or relationship.
This can often involve providing advice on how to resolve financial issues following divorce, and whether it is necessary to take the matter to court to obtain a financial settlement.
In many cases, it is not usually in the client’s interests to pursue a financial settlement through court.
One key financial reason is, by the time a client faces a judge at a final hearing to reach a settlement, the legal costs may run into five- or even six-figure sums.
There may be circumstances, of course, where it is unavoidable to go to court to reach a fair and final financial settlement, but it is beneficial to all parties to try and explore the alternatives and recognise the advantages of avoiding court proceedings, which include:
• Avoiding sky-rocketing legal costs. • Reaching an agreement where both parties have control over the outcome.
• Settling within a timeframe and pace that works to the divorcing couple’s schedule and not to the court’s timetable.
• Achieving an outcome where both parties continue to have open dialogue and are still amicable.
There are several options available to avoid taking matters to court to reach a financial settlement.
To start, a straight-forward and non-confrontational option to resolve matters at ‘arm’s length’ can be achieved by negotiation using email or telephone.
Separating couples seeking to reach an agreement without the involvement of their lawyers may opt for mediation, working with a neutral mediator in joint meetings to reach an agreement.
When mediation takes place, appointed lawyers can still offer advice to clients between mediation appointments and can assist in drafting any final agreement, (often resulting in a ‘consent order’) once the mediation process is complete.
Trusted legal partners to businesses, individuals and families
Visit our website or call 01772 258321 to find out how we can make it possible for you and your business.
www.harrison-drury.com Offices throughout
Lancashire and Cumbria
There is also the option for collaborative law, where parties work with specially-trained lawyers at roundtable meetings.
By the time a client faces a judge, the legal costs may be six figures
For more contentious matters, separating couples may elect to appoint a third-party arbitrator to formally adjudicate on any issues and to assist in financial negotiations.
A Private FDR (Financial Dispute Resolution) hearing is another option, where a judge is appointed on a privately paid basis to conduct a hearing to assist the parties in settling their case.
Each separating couple will have a different financial situation and to reach a suitable settlement may involve a variety of options.
Specialist divorce lawyers will strive to adopt a bespoke process or method of negotiation that will suit each individual’s circumstances in order to resolve matters promptly and cost-effectively.
For anyone considering divorce or separation or experiencing ongoing financial issues due to a relationship breakdown, it is strongly advisable to seek profession legal advice as soon as possible.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72
