Divorce Options to Consider

The Government is encouraging divorcing couples to think of court as a last resort and there could be cost implications if out of court settlement options have not been considered. The court system is now creaking under a backlog and urgent action is required to free up the Court’s time.

What is Family Mediation?

The aim of mediation is to encourage couples to better communicate when separating and to reach a financial agreement that suits them rather than a decision a Court imposes on them. However, some family divorce lawyers say that fining families who end up in court instead of mediating is not the way forward.

When legal aid was removed for most private family law matters in 2013, mediation was introduced as the ‘new’ way forward. A voucher scheme introduced earlier this year by the Ministry of Justice aims to encourage families towards mediation where there are children issues to mediate, but as legal experts say every case is different.

Mediation or Divorce Court

“Every client comes to us with a unique set of circumstances and there is not a ‘one size fits all’ way forward in divorce. Court should not be considered just a revenge tactic and punishable by fine if these latest proposals go ahead,” said Pearson Family and Divorce Solicitor, Emma Kendall.

“Children, pensions, finances, businesses, family homes and a whole host of other issues need to be taken into consideration and for some couples mediation is not always an option, I am unsure that fining those families is the best way forward for a progressive legal system.”

Delays in the Family Courts

A Law Society spokesperson added: The best way to keep more cases out of court and to reduce the number of inappropriate applications is not to introduce financial penalties, but to ensure that all separating couples can get legal advice and representation to guide them through the process.

Justice Secretary Dominic Raab has stated that he hopes a threat of a fine will encourage more couples to try mediation and therefore ease pressure on a delayed courts system and only those cases involving domestic abuse and safeguarding for children matters will go to court.

“Delays in getting to court obviously has a knock on effect on families, especially where court orders are needed and so anything to speed up the process is welcomed,” added Emma.  “But as professional solicitors we will always seek the most amicable costs effective way forward for a family during the whole divorce process.”

The new no fault divorce system comes into effect this April and by having to not cite grounds for divorce the potential for acrimony will be reduced. We hope this will translate into more amicable financial and child arrangement agreements

How can we help

Pearsons Family Law Solicitors can advise on a wide variety of family and divorce matters, call 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.