Resolution, advocates of amicable divorce, are using their annual Good Divorce Week to raise awareness of the alternatives to court proceedings for divorce settlement.
Divorce is a stressful and emotional time for all parties involved and these emotions are heightened when complicated finances and childcare arrangements need to be agreed upon.
Resolution are highlighting the family court crisis with Good Divorce Week, running from 28th November to 2nd December. With courts still struggling to catch up after delays caused by the Covid pandemic, this serves as a timely reminder for us all how important it is to keep matters amicable during divorce proceedings. Removing the need for court proceedings and keeping a divorce amicable, not only makes the overall process less stressful for both parties, but also ensures that any ongoing relationships relating to shared childcare will be easier. The children also indirectly benefit from this as they will not witness hostility and arguments between their parents.
Typically, the more amicable the relationship the quicker a financial settlement and childcare arrangements can be agreed. This will not only have positive emotional benefits for all parties but will also result in lower legal costs. Being amicable keeps arguments to a minimum thus decreasing the need for your divorce solicitor to enter lengthy negotiations back and forth with the other side. It can also avoid the need to attend court. Collectively, these result in smaller legal fees for you.
Being amicable and not leaving decisions in the hands of the court also means that you and your ex-partner are in control of your personal lives. Going to court is not only time-consuming and expensive but it is also unpredictable. The orders made on the day depend upon a number of factors and so although your divorce lawyer might be able to give a pretty good indication, it is impossible to predict exactly what the outcome may be. This may leave a party who has spent thousands in legal fees with a result they do not want.
If you can come to an agreed financial arrangement with your ex-partner, this can be recorded via means of a Court Order which can be lodged at the court with the consent of the parties and provide for a full and final settlement. The court will then review the order and return a sealed copy of the same to both parties. From this point the financial agreement is legally binding on both parties. Obtaining a final Court Order is, therefore, vitally important in divorce proceedings as a means of protecting your future financial position. If the parties are amicable it is more likely that you can agree the Order and it can be lodged at court as a “Consent Order” rather than go through the whole court process and a Judge finally make an Order.
Holmes & Hills are here to support you during your divorce or separation proceedings. Our Family law solicitors are all members of the Resolution prescribing to the Resolution Code of Practice meaning we understand how important it is to build trusting and amicable relationships during these proceedings.
If you would like to discuss your divorce or separation and need a solicitor that can do this in an amicable manner, then please contact Holmes & Hills to book in a fixed-fee initial consultation with one of our Family lawyers.
Call 01206593933 and speak to a specialist family law solicitor. Or complete the form below.
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