Very often, the first matters which are raised on being consulted regarding a separation is how long the process will take and what the cost is likely to be. This is very difficult, if not impossible, to indicate at the outset, as couples who separate have a number of alternative methods of resolving their disputes, each of which has a different bearing on the likely amount of time that resolution of the dispute will take and indeed on the overall cost.

Potentially the least expensive, from both an emotional and financial perspective, and the quickest, is for the couple to agree between themselves precisely what is going to happen in respect of their children, if they have any, and also in respect of finances.  For protection, they should each then consult their own solicitor and an agreement would be drawn up which records that agreement.  This, of course, is not without its pitfalls as clearly the parties will not have had the benefit of legal advice before entering into the agreement and may not have thought through every eventuality.   They also run the risk that at some time in the future, before divorce, one or other of the parties considers that the agreement entered into is not fair and reasonable and that they wish the agreement to be overturned, with the result that both parties may be back at “square one”.

Many cases are resolved by what might be termed the more traditional method.  This effectively involves each party instructing their own solicitors who will then exchange fully vouched details of their client’s assets, liabilities, income and expenditure. Negotiations will then follow with a view to achieving resolution.  These negotiations can, and often do, take place by means of four-way meetings but these, by their very nature, involve negotiation and are therefore adversarial in nature.  One of the aims of this method of resolution is, of course, to ensure that the parties do not end up in Court.  The cost of this process can vary from case to case as much will depend upon the complexity of the couples’ assets and liabilities and whether conflicting experts reports need to be obtained, such as in the case of the valuation of the matrimonial home, the valuation of shares in a private limited company, etc.

There are a number of alternative methods of resolving matrimonial disputes such as:-

Mediation

Mediation can cover both child related and financial issues and involves the couple attending a series of meetings with a trained mediator who will be unbiased, objective and knowledgeable and will assist the couple in entering into an arrangement in relation to all of the matters in dispute.  Whilst the mediator may well be a lawyer, they can only provide information and cannot advise the couple.  Each party will retain their own solicitor and are free and, indeed, are encouraged, to take legal advice at each stage of the process.  During the process or, indeed, at the end, an Agreement will be drawn up recording what has been agreed.  This may cover all issues or only specific issues such as matters relating to the children of the relationship.

Collaboration

Resolution of family matters by the Collaborative Process is becoming more and more common.  It is radically different from all other forms of dispute resolution and can, in some cases, be less expensive, time consuming and stressful than other methods.  At the very outset the couple sign a contract undertaking to deal with all matters in good faith and not to take matters into Court.  The process involves “four-way” meetings attended by the couple and their respective Collaborative lawyers.  The workload involved in ingathering information, etc. is shared between the two lawyers and the couple, thereby reducing costs.  Communication between the solicitors is limited and restricted, with the result that all involved are aware, at all times, of precisely what is being discussed and agreed.  Both parties are, of course, free to consult their own solicitor outwith the four-way meetings for legal advice, if necessary.  The benefit of this process is that there is full, honest and open disclosure by the parties and, as a result, hopefully children will be insulated from involvement in the dispute.

Arbitration

A number of highly qualified family lawyers and advocates have recently gained qualification to act as Arbiters in family law matters.  The advantage of arbitration is that the process need not be utilised to resolve all issues in dispute between the parties but can focus on specific issues such as identifying the date of separation, whether or not an item is in fact a matrimonial asset, the valuation of a specific asset such as a company, etc.  Arbitration can be quicker than the same procedure before a Court and can therefore prove to be cheaper in the long run.

Court Action

Finally, if all else fails there is, of course, the option of taking matters to Court.  In the eyes of family lawyers this really should be a last resort and should only be resorted to when absolutely necessary.  Not only are the costs involved in going to Court likely to be substantial, the length of time taken to resolve matters and the emotional cost to both parties in doing so can be considerable.

If you have any queries regarding any of the above, please do not hesitate to contact us today for a free informal chat.