FINANCIAL RESOURCES. FAMILY. FUTURE.

Solent Family Mediation help families in conflict, specifically those divorcing or separating.

Our family mediation service is quicker and more affordable than heading to court. It reduces conflict, and your household remains in control of plans over children, home and finance.

We work right across England and Wales and our family mediation service has more than thirty years’ experience supplying specialist, professional family mediation services.

The Four Divorce Alternatives

Divorce mediation

No two marriages are the same, and so it just follows that no two divorces will be the same, either.

In fact, if you’re a female who’s considering divorce, you have a number of alternatives about how to proceed. In general terms, you require to think about four broad classifications of divorce alternatives: Do-It-Yourself (DIY), Mediation, Collaborative and Litigation. Let’s have a look at the advantages and disadvantages of each one.

Do-It-Yourself Divorce

The very best recommendations I can offer you about Do-It-Yourself Divorce, is DON’T Do-It-Yourself!

Divorce is really complicated, both legally and financially. You can quickly make errors, and often those mistakes are permanent. The only situation I can imagine when a Do-It-Yourself divorce might make any possible sense, might be in a case where the marriage lasted only 2 or three years and there are no children, little or no assets/debts to be divided, similar incomes and no spousal support. In a case like that, a Do-It-Yourself divorce could be accomplished rather quickly and inexpensively. I would still extremely suggest that each party have their own separate lawyer review the last files.

Mediation

In divorce mediation, a separating couple works with a neutral conciliator who assists both parties come to a contract on all elements of their divorce. Both celebrations still require to consult with their own, specific lawyers throughout the mediation and prior to signing the final divorce settlement contract.

Here are a few advantages and disadvantages to consider prior to choosing if mediation will work for you.

On the “professional” side, divorce mediation may:

  • Result in a better long-lasting relationship with your ex-husband given that you will not “fight” in court.
  • Be much easier on children since the divorce proceedings might be more tranquil.
  • Speed up an agreement.
  • Reduce costs.
  • Assist you stay in control of your divorce since you are making the decisions (and the court isn’t).
  • Permit more discretion. Mediation is private; prosecuted divorce is public.

However, on the “con” side, divorce mediation may also:

  • Waste time and cash. If settlements fail, you’ll need to start all over.
  • Be insufficient or unduly beneficial to one partner. If the mediator is inexperienced or prejudiced towards your other half, the result could be undesirable for you.
  • Lead to an unenforceable agreement. A mediation arrangement that’s uneven or badly drafted can be challenged.
  • Cause legal complications. Any problem of law will still require to be ruled upon by the court.
  • Fail to discover specific possessions. Given that all monetary info is voluntarily revealed and there is no subpoena of records, your hubby could possibly hide assets/income.
  • Strengthen unhealthy habits patterns. If one partner is controling and the other is submissive, the last settlement might not be fair.
  • Fuel feelings. Mediation could increase unfavorable habits of a partner with a propensity for physical/mental or drugs/alcohol abuse.

Couples typically become aware of the wonders of mediation and how it is reportedly a better, less controversial, less costly and more “dignified” method to get a divorce. However, my most significant issue with mediation is that the sole role and objective of the mediator is to get the parties to come to an agreement– any agreement! Remember, the arbitrator can not give any guidance. All they can do is try to get you to concur. Unfortunately, not all agreements are good agreements, and in fact, oftentimes, no contract is much better than a bad arrangement. So unless both parties can be fairly affordable and friendly (and if they can be, why are they getting divorced???), I think that mediation is typically not a feasible alternative for the majority of women.

Collaborative Divorce

Basically, collective divorce happens when a couple accepts work out a divorce settlement without going to court.

During a collaborative divorce both you and your hubby will each hire an attorney who has been trained in the collaborative divorce procedure. The role of the attorneys in a collaborative divorce is quite different than in a traditional divorce. Each lawyer encourages and helps their customer in working out a settlement agreement. You will meet your attorney separately and you and your attorney will likewise consult with your spouse and his attorney. The collaborative process might likewise involve other neutral professionals such as a divorce monetary coordinator who will assist both of you work through your financial concerns and a coach or therapist who can help direct both of you through kid custody and other mentally charged concerns.

In the collaborative procedure, you, your partner and your particular attorneys all must sign an agreement that requires that both lawyers withdraw from the case if a settlement is not reached and/or if litigation is threatened. If this takes place, both you and your spouse need to start all over again and find new lawyers. Neither party can utilize the same attorneys again!

Even if the collaborative process succeeds, you will usually need to appear in family court so a judge can sign the arrangement. The legal procedure can be much quicker and less expensive than standard litigation if the collaborative procedure works.

However, I have discovered that the collective approach typically doesn’t work well to settle divorces involving complex monetary situations or when there are considerable assets. In collective divorce, just as in mediation, all monetary information (income, possessions and liabilities) is divulged willingly. Often the other half manages the “bag strings,” and the spouse is usually uninformed of the information of their monetary situation. When this sort of inequality exists, the door is frequently wide open for the other half to conceal properties. What’s more, lots of high net worth divorces include companies and expert practices where it is reasonably easy to hide assets and earnings. Furthermore, the problem of valuation can be quite controversial.

… as a general rule, my suggestion is this:

Do NOT use any of these first three options– Do-It-Yourself Divorce, Mediation or Collaborative Divorce– if:

  • You think your spouse is hiding assets/income.
  • Your other half is aggressive, and you have difficulty speaking up or you’re afraid to voice your viewpoints.
  • There is a history or threat of domestic violence (physical and/or mental) towards you and/or your children.
  • You or your husband has a drug/alcohol dependency.

Litigated Divorce

The fourth divorce alternative is the most typical. These days, most of divorcing couples pick the “conventional” design of litigated divorce.

Remember, though, “prosecuted” does not imply the divorce winds up in court. The vast majority of all divorce cases (more than 95 percent) reach an out-of-court settlement contract. “Litigation” is a legal term meaning ‘performing a suit.’

In 80 percent of cases, the decision to divorce is unilateral– one celebration wants the divorce and the other does not. That, by its very nature, creates an adversarial circumstance right from the start and often disqualifies mediation and collaborative divorce, since both techniques rely on the full cooperation of both celebrations and the voluntary disclosure of all monetary details.

Plainly, if you are starting out with an adversarial and highly mentally charged situation, the possibilities are very high that cooperation or mediation might stop working. Why take the risk of going those routes when chances are they might fail, losing your money and time?

The most crucial and most hard parts of any divorce are coming to a contract on child custody, department of possessions and liabilities and alimony payments (just how much and for for how long). Although you desire your lawyer to be a highly experienced mediator, you do not desire someone who is extremely combative, all set to combat over anything and whatever. An overly controversial approach will not just extend the discomfort and substantially increase your legal charges, it will also be emotionally damaging to everyone involved, particularly the kids.

Remember: Many divorce lawyers (or at least the ones I would advise) will always strive to come to a reasonable settlement with the other celebration. But if they can’t pertain to a reasonable settlement or if the other celebration is completely unreasonable then, unfortunately, litigating, or threatening to do so, might be the only method to deal with these issues.

If you have attempted whatever else, and you do wind up in court, things can get really nasty and hostile. Up until that point both attorneys were “arbitrators,” attempting to get the parties to jeopardize and come to some sensible resolution. When in court, the role of each lawyer modifications. Negotiations and compromise relocate to the back burner. Their brand-new job is to “win” and get the very best possible outcome for their client.

And don’t forget, as soon as you remain in court, it’s a judge who understands very little about you and your family that will make the final decisions about your children, your home, your money and how you live your life. That’s a huge threat for both parties to take– which’s likewise why the danger of litigating is normally such a great deterrent.

Here’s my last word of recommendations about divorce options: Weigh divorce options carefully. If you have doubts, it is excellent to be ready with “Strategy B” which would be the prosecuted divorce.

Related Articles
Solent Family Mediation Important Links