The first working Monday of the New Year is commonly known among solicitors as Divorce Day – or D-Day for short.
It is the day on which enquiries from people seeking advice about separation are at their peak, following the stresses and strains of the festive season.
We want to make this year’s D-Day about discovery rather than divorce by encouraging couples to consider the cheaper and less stressful alternatives to court action. Surprisingly few clients are aware of these methods or that in some cases legal aid funding is still available.
There are basically four ways to resolve financial and/or children disputes without going to court. They are:
- Solicitor negotiation: This is the traditional method of asking a solicitor to communicate on your behalf, either by letter or sometimes at round table meetings.
- Mediation: A trained third party acts as a neutral negotiator to help you reach a settlement.
- Collaborative Law: Both parties instruct a collaboratively trained solicitor who attends meetings with you to agree the terms of your separation. If the process breaks down, the same solicitors cannot be used in court.
- Arbitration: Known colloquially as private judging, a qualified arbitrator is appointed to make decisions on your behalf. There are usually solicitors representing both parties, but the process offers more flexibility than court proceedings and is generally quicker.
Taylor&Emmet is a member of Resolution and we are committed to helping couples settle family disputes in a non-confrontational way. The organisation was established in 1982 by a group of solicitors in London who were fed up with the hostile and aggressive tactics used in divorce proceedings and it now has 6,500 members across England and Wales.
Resolution provides invaluable advice to people going through a separation, including a useful leaflet on the different forms of divorce available. For more information, visit https://www.resolution.org.uk/alternatives_to_court/
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