Founder, Jones Myers
1:44 AM 22nd September 2020
Options To Consider If Court Delays Are Affecting Your Divorce
There has been a substantial rise in divorce guidance searches following the lockdown according to the Citizen’s Advice charity.
This hike re-enforces wider predictions of a surge in divorce with the stringent measures testing even the most robust relationships.
The pressures on couples and families following the Covid-19 Pandemic reflect the increase in enquiries we have experienced from clients asking how they go about divorce proceedings.
The situation has been further exacerbated by significant hold ups in court proceedings which have prompted a Commons enquiry into clearing the backlog.
If you are looking to separate in the current climate, we advise you consider the following alternatives which avoid a lengthy court process and, if successful, could be resolved within 4-6 months.
Mediation can help couples resolve their differences and find solutions which enable them to move forward positively. An impartial third party “the mediator” helps them discuss issues confidentially and find workable agreements. The potential benefits are many: agreements can be reached a great deal more quickly and cost effectively than by using the court process or in solicitors’ correspondence. Ongoing communication also limits the emotional damage which follows in the wake of an acrimonious battle.
Collaborative Law also avoids Court proceedings and other adversarial approaches to settlement. A “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution. The process can work for any couple, whether there are modest means or in higher value or complex situations. The interests of any children are put at the forefront of discussions.
In family Arbitration couples appoint an arbitrator who will make decisions for them. The process enables the couples to resolve disputes in a more flexible and less formal setting.
There is also the benefit of having the same Arbitrator through the process which will not happen at Court with Judges and the knowledge that your Arbitrator is an expert in financial remedy proceedings. Again, this isn’t always the case with a Judge at Court as they may have backgrounds in other areas of law.
We recommend taking advice from a specialist family lawyer as possible to ensure you choose the best option for your individual situation.