InsightsInsight - Family and Divorce - POSTED: February 26 2020
Divorce: a step-by-step guide through a sometimes complicated situation
While it’s true to say that no two marriages are the same, similarly, no two divorces are the same.
- Share this article
- Print this article
For the individuals involved, separation can be a highly emotional situation which is why it can be reassuring to have someone guide you through the complicated parts.
Essentially our task as family lawyers is a straightforward one. When couples separate there will be changes to arrangements that will have to be made. If children are involved the couple will need to agree where the children will live and how they will share their time between those who care for them. If there is joint property or other assets they will need to be divided. Decisions will need to be made about how income might need to be shared.
Our role as family lawyers is to help those going through separation and divorce to agree those arrangements. We will always work to ensure that agreement is reached as quickly and effectively as possible and in a way that encourages communication and understanding and avoids conflict and acrimony. We will always try to ensure that each member of the couple is guided towards the process for resolving their issues which suits both them and their family the best.
Some couples can sit together around the kitchen table and agree the arrangements they want to make between themselves. For many more couples the emotional impact of a separation and the stress that it causes can make such discussions difficult if not impossible. Where a couple cannot agree the arrangements between themselves or are seeking guidance on the discussions they are having, we recommend seeking some early legal advice to gain an understanding of the issues they might need to think about and the options they have for agreeing the arrangements they will need to make.
If a couple can or has been discussing the arrangements that they want to make but need some extra help, we recommend mediation. Mediation is a process where the couple meets with a specially trained mediator who will help the couple discuss the issues it needs to resolve. The couple keeps control of the outcome and the mediator will not tell the individuals what to do. The mediator will provide information and support to help the couple through the issues it has found more difficult. Mediation can be a challenging process, but we find that it offers the benefit of maintaining good communication rather than damaging it. We offer mediation as part of our service.
If mediation does not provide enough support for a couple then individuals might consider collaborative practice. In collaborative practice each person within the couple will have their own family lawyer who is specially trained to work in this way. The issues that need to be resolved will be discussed at a series of meetings between the couple and lawyers. The lawyers’ role in the meetings is to work together to help the couple discuss the arrangements that need to be made. The decision-making stays with the couple who is in control of the future of their family. The process offers more support for the couple than mediation as they go through the process of agreeing the changes to their arrangements.
We have three family lawyers in our team who are trained to work collaboratively.
Application to court
For some couples it will simply be too difficult to sit in a room and discuss the issues that need to be resolved. Even in these circumstances we would seek to avoid court proceedings if possible. We work hard to maintain good relationships with other family lawyers in the area which helps us to work with them towards negotiated settlements without the need for litigation.
However, there are still times when an application to the court is necessary to protect an individual’s position when it’s clear that negotiations will not be possible. While an application to the court would ordinarily be a last resort, we recognise that there are cases where it’s necessary. We have decades of litigation experience in our team and always seek to manage cases efficiently and effectively.
Every couple is unique. Following separation every journey a couple takes to agree the arrangements needed as a consequence of the separation is different. We recognise this and work hard to ensure that each couple finds the process that best suits the individuals and their circumstances.
At Brachers, we offer an initial fixed fee meeting at £150 plus VAT for one hour when we will advise you of your options. After that if you wish to issue divorce proceedings, you may take advantage of our fixed fee package of £850 plus VAT, plus the court fee of £550. If your spouse has chosen to issue divorce proceedings, we are able to assist you for a fixed fee of £350 plus VAT.
Contact our expert family solicitors on 01622 690691 to find out more about our fixed fee divorce options.
Can we help?
Take a look at our Family and Divorce page for useful information, resources, guidance, details of our team and how we may be able to help you
Get in touch
Please fill out the below form or alternatively you can call us on 01622 690691