Divorces are difficult; all lawyers who deal with family law completely understand this. This is why when you are coming to a financial settlement you need a specialist family law solicitor. An expert solicitor will be able to understand what you are going through as they have dealt with many situations just like yours ensuring they will be able to lend you a sympathetic ear.
The aim of financial settlements is to reach a mutually accepted agreement, which is fair for both parties. The law aims to make a settlement fair for both men and women, with children always being taken into account in a divorce settlement. Compromise is vital and will make the settlement the easiest it can be, obviously it is very difficult to let go of everything surrounding the reasons for your divorce, but if you can manage to take a step back it will make the settlement easier. Moving forward is important, especially if children are involved. A long and difficult court battle is not ideal for either partner or for your children.
How Can I Reach A Settlement?
Settlements can be reached a number of ways and ultimately it is completely down to you which way you both decide to reach you settlement. It is likely the route you choose will depend upon the quality of the relations which exist between you both following your separation.
Firstly you may be able to reach a settlement without involving a third party. If you can reach a settlement via a discussion between the two of you this will reduce any costs and any perceived invasion of your privacy. Many couples do manage to reach a divorce settlement without involving a lawyer or mediator. However, if you do reach a settlement in this way you may wish to put it in writing. You can contact a solicitor to make your agreement contractual so it can be enforced by law if either party decides to try and default on the agreement.
Secondly, you may wish to consider mediation. When you engage in mediation it simply means a specialist mediator, a non-biased third party, will be present when you are discussing your financial agreement. The mediator will ensure that both of you have a fair opportunity to speak and get your voice heard. They will not offer an opinion on the discussion; they will simply try to make sure the discussion stays amiable. Mediation aims for you to be able to reach a conclusion without taking the matter to court.
Thirdly, arbitration may be an option. Arbitration is commonly used in the resolution of business disputes but it is becoming increasingly common in high-end divorce settlements. The advantage of arbitration is that it is completely confidential however, both parties must agree to the use of the arbitration technique as the decision is legally binding. The arbitrator will make their decision after reviewing all the evidence presented to them.
Finally, you may wish to instruct a divorce lawyer, if none of the above options are viable a specialist divorce lawyer is the traditional and the most commonly pursued route. Traditional litigation will ensure a financial settlement is reached and will ensure the settlement can be legally enforced if need be.
Give us a call on 0800 142 2901 or fill in an online enquiry to receive a completely free initial enquiry with one of our family law team today.