How and Why You Should Keep Your Finances Out of the Family Courts

Anne Thist Articles

Getting divorced can be very costly, as well as stressful and emotionally traumatic. Legal costs can seriously impact the amount of money left to divide between the two parties and the whole process can worsen your relationship. This can be especially problematic for couples with children, who can end up with less money to provide for their offspring and have a harder time working together to divide childcare responsibilities. Fortunately there are options to help resolve the financial aspects.

Family Mediation

Mediation enables both parties to discuss their needs and concerns in the presence of an independent third party. Cheaper and quicker than going to court, this allows the separating couple more control over the process and can be less stressful. Also, if you do later end up in court, nothing said by either party during mediation can be used by the other party.

It may also be worth considering counselling as part of this process.  For some people this can help them come to terms with the relationship breakdown and enable them to focus on moving forward.

Family Collaborative Lawyer

This involves both parties sitting down with their respective advisors (who should be specialists in collaborative law) and signing an agreement to reach a solution without going to court. Both parties and their representatives will then work together to fairly divide their assets and any childcare responsibilities. The lawyers are not allowed to represent their clients if proceedings do move to a court, so it is in everyone’s interests to reach a mutually satisfactory agreement.

Remember…

The exact outcome if you go to court is always uncertain as a judge will take many factors into account when making a decision. However, an experienced family lawyer should be able to advise you on what you can realistically achieve in a settlement. It’s not worth wasting your time and money going to court if there’s a low chance of getting more than you’re already being offered. The amount you gain could be dwarfed by the cost of going to court.

If you’re contemplating a divorce and would like to speak to one of our divorce solicitors in Bristol contact Alison Dukes or Anne Thistlethwaite at AMD Solicitors now on 0117 942 1460.

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