Alternatives to court

You can decide what happens to your finances and children without arguing in the courts. Whichever process you use will depend on your individual circumstances.

Reaching an agreement on your own

If you are good terms with your ex-partner, you can attempt to make arrangements on your own. These arrangements can be placed into a separation agreement or formalised by the courts with a consent order.

Mediation

You and your ex-partner can meet for mediation with an impartial mediator. Mediators are trained to help people who are in dispute. They do not take sides or give advice, so it is important that you obtain advice from your solicitor beforehand so that you understand the implications of the proposals that might be raised. If you reach an agreement, the mediator will prepare a summary of this and, if you are both happy, your solicitor can arrange for this to be formalised.

Collaborative and co-operative law methods

Collaborative law is a relatively modern family law technique. You and your solicitor meet with your ex-partner and their solicitor to negotiate an arrangement. The process has an advantage over mediation because your solicitor will be able to provide you with legal advice during the negotiations. Colaborative law can take much less time than traditional negotiation through your solicitors.

Collaborative law also involves an agreement between the parties that the solicitors will not continue to represent you if the process is not successful. This is so you can be sure that your solicitor does not have any interest in the process failing. Co-operative law is collaborative law without this agreement and is preferential if you do not want to have to find another solicitor and pay for them to read over your documentation.

Traditional negotation

This is where your solicitor takes all your interests into account and negotiates with your ex-partner's solicitor. This is usually done in writing, and your solicitor will update you and take further instructions at every stage along the way.