Using non-confrontational dispute resolve to get divorced faster
Your divorce will usually go much faster if you and your ex-partner can agree on the details of your divorce, including financial settlements and arrangements for children voluntarily, rather than relying on a judge to decide for you. This is because you won’t need to wait for a court date but can simply get on with working out a divorce settlement and other arrangements straightaway.
While any agreement reached in this way will be voluntary, you can apply for a Consent Order from a court to make the agreement legally binding. This means you can achieve a resolution faster while still having the reassurance that your former partner cannot simply change their mind later and stop honouring the agreement.
There are two main methods used for non-confrontational divorce – mediation and collaborative law. Both are usually much faster than taking your divorce through the courts, with each having different advantages depending on your circumstances.
Using mediation for divorce
This is generally the fastest and most cost-effective way to get divorced and is now the most popular option for separating couples in the UK.
The process involves both spouses meeting with a trained, neutral mediator who will guide you through the issues you need to resolve, such as deciding how to separate your finances and what arrangements you will need to make for your children.
The mediator will not tell you what you should do but instead will encourage you to find solutions that work for both of you. They are there to facilitate the discussion and defuse any potential conflicts, helping to keep the process amicable and productive.
Mediation is the government’s preferred option for dealing with divorce, and separating couples are now required to at least consider mediation before taking their divorce to a family court in most cases. You will, therefore, usually need to attend a Mediation Information and Assessment Meeting (MIAM), where the process and its benefits will be explained to you, so you can decide whether mediation is right for you.
If you wish to have your divorce dealt with by a judge, you will normally need a signed form showing you attended a MIAM before proceeding. The exception to this is if mediation would clearly not be appropriate or practical, for example, if there has been domestic abuse in the relationship or if one spouse now lives abroad.
Using collaborative law for divorce
Collaborative law offers an alternative to mediation and can be more appropriate if there are particularly complicated issues to resolve as the process involves both parties being supported during negotiations by their own lawyers. While this does mean collaborative law can be a bit more expensive and may take longer than mediation, it is still usually significantly faster and less expensive than court action.
Collaborative law involves both spouses meeting to negotiate the details of their divorce, each accompanied by their own lawyer (who must be trained in collaborative law). Over the course of several meetings, the four participants will discuss all of the details that need to be agreed upon and work together to find solutions. Other professionals, such as accountants and tax advisors, can also be consulted as part of the process where specialist expertise is needed.
Why choose Crisp & Co for your divorce?
Crisp & Co’s family law solicitors have been specialising in divorce and separation for more than 20 years. With strong expertise in all areas of family law, we can guide you through all of the issues surrounding divorce and family breakdown, including financial settlements and arrangements for children. We also have strong experience in same sex marriages and civil partnerships.
Our divorce lawyers are highly skilled in non-confrontational dispute resolution, including both mediation and collaborative law. Our team includes Resolution-trained mediators and trained collaborative lawyers, giving us the expertise you need to minimise the conflict in your divorce while protecting your interests.
Our non-confrontational approach to divorce means we are usually able to help you get divorced faster and at a lower cost compared to court action. This approach also means it is usually possible to maintain a better relationship with your former spouse, which can be highly beneficial. For example, if you have children, you need to continue parenting together.
Get in touch with our divorce solicitors in London & South East England
Our divorce solicitors in London, Guildford, Brighton and across the South East can help to make sure your divorce goes as quickly and smoothly as possible. With our extensive experience and focus on non-confrontational family law, we make it easier and more cost-effective to get a divorce that works for you and your loved ones.
You can contact our divorce solicitors in London and across the South East now by calling 0203 857 9885 or contacting your local Crisp & Co office.
