The start of a new year can be a time for contemplation. This can lead to assessing a relationship or marriage too. Many people find themselves unsure of where they stand, should they decide that their relationship or marriage is at an end.
Many people require support from friends and family members at this time, but should exercise caution when taking advice from them. There is no ‘one size fits all’ divorce. Be warned, just because a friend or family member has been through a divorce, the chances are their circumstances and finances will have differed from your own.
There are many elements to consider when contemplating divorce or separation, many being personal to you such as your housing circumstances, proving the breakdown of the marriage, pensions, assets, savings, and many more.
Seek legal advice early
There is no substitute for seeking sound legal advice on your own set of circumstances. It is advisable to see a solicitor early. The first consultation you have at Kidwells will always be free, whether it takes thirty minutes or two hours. This will not automatically result in costly court proceedings and mediation is always considered before any other course of action.
Proper legal advice can help by focusing on the key issues such as:
- Children and contact arrangements
- Housing Arrangements and legal ownership
- Income for the future and entitlement as a spouse
- Separating the Capital/Assets
- Will advice and how Divorce will affect your position
Once you are aware of your position this can provide the security and focus required to enter into meaningful mediation. Mediation is designed to produce constructive discussion on the key issues and move towards a settlement. We have both male and female lawyers who can support and advise you through the mediation process. Also Julian McCarthy one of our Family Lawyers is a member of Resolution, an exclusive group made up from family lawyers who believe in a non-confrontational approach to family problems, such as divorce, and look for a fair, civilised way to resolve family issues.
There are many benefits of mediation:
- Can focus on children and finances or just finances – it is tailored to suit your circumstance
- There is no pressure to attend, it is voluntary, unlike court hearings
- The mediator will be trained in guiding the parties and using the sessions effectively
- The process is completely impartial and will therefore be focusing on a fair outcome
Joint decisions made during mediation can then be drawn up legally by a solicitor into a court order. Once passed through the court this then becomes legally binding and enforceable. The parties will have the security to move forward however they wish.
If you would like to discuss the subject of mediation further or think it would work for you please contact either Nicola Haines or Julian McCarthy by email or telephone 01432 278 179.