NFLA Ltd

Divorce or Separation Agreement?

Divorce is an appropriate way forward in the following circumstances when:-

• There are children involved.
• There are allegations of domestic abuse.
• There is a lack of co operation in either party providing financial disclosure.
• A Pension Sharing Order is needed.
• One party (obviously) wants a divorce.

Separation Agreements are usually therefore only appropriate if there is some trust between the parties and it is unlikely that there are going to be ongoing issues in respect of finances or children. Only a Court Order can fully find parties. In an arrangement when a Separation Agreement is entered into, either party may subsequently attempt to change the terms of that agreement in the event of there being a change of circumstances. As the law is developing in this country and attaching more weight to Post Nuptial Agreements, uncertainty that currently exists in respect of finances is when an order is obtained as part of the divorce process.

What are the legal processes of separation and divorce?

The client should always be given advice regarding the various methods of dispute resolution. The traditional method is negotiation and court proceedings. The methods of dispute resolution are Mediation and Collaborative Law. The solicitor will advise you of the appropriate process to use. However, if you are not given these alternatives at the first meeting, then you need to be questioning the advice given to you. This is particularly so since the costs of court proceedings can be considerable both emotionally and financially and the current delays in the court system are such that from the beginning to the end, the court process can last anywhere between 8 months and 2 years.

Other methods of dispute resolution apply whether your case involves finances or children are irrespective of whether or not you require a divorce.

Additional information should be given to you at the first meeting. You should be advised about costs, outcomes, the likely length of your case, the solicitor responsible for your case and before the end of your first meeting you should ideally agree with your solicitor the appropriate course of action suitable to your case. This should also be confirmed in writing by your solicitor irrespective of whether you have made a decision as to how you wish to proceed.

Children

We act in a great many cases where parental contact is denied or where there are issues regarding the residence of children. Quite often, we will be asked questions such as, how long does the process take, and on what basis does the Court make a decision? First, we make all our clients aware that the Court process is not usually a speedy and effective way of resolving disputes about children. Not only are there often delays in obtaining public funding, but once the case is in Court, there are a number of procedures that have to be followed, such as safeguarding checks, and the preparation of welfare reports. Further, the Courts are not only inundated with children cases, but are currently under resource, thereby leading to lengthy delays and significant dissatisfaction with the Court system. At an early stage, we therefore encourage the use of out of Court settlements by such means as Mediation and round the table meetings. However, there will always be a minority of cases where the issues between the parents are such that a Court Order is needed.

We will therefore identify at the first meeting the issues involved and provide immediate advice as to what is the best available process to secure the outcome you are seeking.

As our Solicitors consist of a number of mediators, Collaborative Lawyers and experienced Advocates, we have the necessary expertise to not only assist you in choosing the right process, but ensure that you receive a high level of advice and representation during your case.

Care Proceedings

As a parent you are likely to contact us as a result of Social Services' involvement with your children. We will explain the Court process, attend pre-proceedings meetings with you, represent you in Court and guide you through what can be a very complicated and overwhelming experience. As our Solicitors are mainly specialist Children Panel Members, and represent Local Authorities, parents and children, we will know precisely what will be needed of you to ensure that you achieve the best possible outcome.

Legal

We aim to provide our clients with clear and concise advice, and we produce a number of standard letters in respect of the various areas of Family Law which will be sent to you during your case. There are also some useful links available on our website to give further information about legal issues arising on divorce and separation. Like any legal firm, our solicitors have differing levels of legal experience. Therefore it is only right that you should be consulted regarding which solicitor is suitable for your case. However, as we work in teams, all our solicitors are supervised and supported on a daily basis. We also regularly review our client's files to ensure that the necessary standards are being maintained.

Additional Support

In many cases, you will need support outside the legal process as such as financial advice and counselling to support the children through the divorce process.