See you in court
We’ve all seen the TV-standard ‘see you in Court!’ angrily exchanged between characters – but it doesn’t have to be that way.
Since April 2023 the Courts and Judges have been directed to ask people to try hard to resolve their issues (mainly money issues but also to try with matters to do with children as well) without using the traditional Court process.
There are other options open to you as well if you don’t want to go to court.
Mediation has been growing over the last 15 years where a Mediator will help you to have discussions within your process, but they will not give you any advice at all. They have to remain impartial to you both and not takes sides in your dispute.
That is why it is really important for you to have a clear understanding of not only your family assets, but also what you could expect to achieve as a fair settlement before you start your mediation process.
Mediation can be a very flexible way to have discussions; you choose a mediator, set the pace and share the costs. However, this may not be right for you if there is any kind of power imbalance. You also won’t know until you try whether mediation is suitable for you – but there are some very skilled mediators out there available to help.
If mediation is not for you, you can of course negotiate.
You can either try to negotiate directly or have solicitors involved for both sides or even set up something known as a Private Financial Dispute Resolution Hearing (the same as a Court Hearing but dealt with privately with a private Judge).
If communications are not very open between you, or if you cannot agree on how things like family assets or childcare should be divided, this can be quite costly.
You can seek a Private Arbitration
But this is a really formal process which mimics a full Final Court Hearing once again with a privately employed Judge (the Arbitrator) and in most circumstances you agree to this route producing a binding result (an Order of the Court).
In all the above ways of reaching a settlement, it is essential that you have a clear idea of what you are looking to achieve. Advice before you choose the right route for you is really essential so that you can know what to expect.
Keeping communications open
We all know that the very best end to a relationship is to try to salvage as much communication as possible. This is not only to help bring things to a close as quickly as possible, but also, if you have children, it can make things easier for them too.
Emotions can come out in all sorts of ways, but not letting them escalate into heightened emotions is really important. Keeping a calm clear head in the face of adversity will help keep you focused on the outcome.
If you wish to explore your options more, contact the family law team at Downs Solicitors to see how we can help.
Contact Carol Christofi
