Divorce can be one of the most stressful processes someone can go through. It involves the breakdown of a family unit, the potential sale of the family home, and a significant amount of change for everyone involved.
There are ways of making it run more smoothly though, and as Family Law practitioners, we always highlight these routes to most couples (unless domestic violence is involved).
There are 5 key steps to consider on reasons why divorce is good
- Assemble your team around you
There are two sides to a divorce, the separation itself and then the financial side (and sometimes children issues) as assets and finances are divided. We strongly recommend taking legal advice as soon as possible.. No matter how collaborative or amicable a divorce can be, it is important to know what you or your spouse is entitled to. Always secure the appropriate advice before making any important decisions. Ensuring you have friends there to support you is also important, as emotional support can be as important as legal advice..
Click here to read one of Silk Family Law’s articles about legal and practical advice when a separation occurs…
- Take early advice and consider mediation
Emotions often run very high throughout a divorce, so having someone outside of the marriage providing impartial advice and support is key. We regularly recommend mediation where appropriate as part of the process to ensure discussions can be held in a more supportive setting with an experienced mediator controlling the discussions.
- Understand the funding options and costs
It is important to understand from the outset, the likely costs of electing to resolve matters using an alternative dispute resolution process and the costs of how a contested process could bear out in the event that you reach a negotiated agreement at an early stage.
Court proceedings should always be seen as a last resort, so the goal is for both parties to be pragmatic and compromise. Should a case need to go to court, a solicitor can explore with a party, all funding options available and should provide regular costs reviews. There are specialist funders who will offer agreements to fund divorce litigation specifically.
- Consider Communication
Review how best to communicate to suit your own case, whether this be through mediation, solicitor meetings, or directly through solicitors with no direct contact. This all depends on the type of case and the extent to which the relationship has broken down.
Avoid social media and publicly posting about the process as this can and will be used against you in the future – remain professional.
Click here to read one of Silk Family Law’s articles relating to the use of social media
- Use a Resolute accredited member
As an independent body, Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.
The resolution was founded in 1982 by a group of family lawyers who believed that a non-confrontational approach to family law issues would produce better outcomes for separating families and their children. Over the decades, Resolution has maintained a commitment to a constructive way of working, enshrined in their Code of Practice, while growing to become a membership organization for professionals that work with separated families.
Resolution’s professional members are committed to the code of practice which promotes a constructive approach to family issues, that considers the needs of the whole family.
All our solicitors at Silk Family Law are professional members.