With this option too, the final decisions about your life will be taken by a judge. This means that no matter how strong your case is, there is a possibility that things will not go the way you expect them to. My advice is to avoid going to court unless absolutely necessary.
Solicitor to Solicitor Negotiation
This is the usual way solicitors are involved in the divorce process– we negotiate the divorce for you, doing our upmost to protect your position and make sure you are well looked after, without needing to face your former partner in meetings. Asking a solicitor to do all the work for you is an expensive way forward though. While I am happy to undertake all of the work on a client’s behalf, I would not be doing my job properly if I didn’t advise that the process of going back and forth with no contact between the clients can make this a lengthy process. Therefore, if you and your ex-partner can find a way to communicate effectively, it will help to reduce the timescale of the process and reduce some of the costs for both of you.
This is one of the least aggressive legal processes you can opt for, which makes it a viable option if you think you can communicate efficiently with your former spouse. Together with your solicitor, you will have to draft an agreement that features what you expect to get from the divorce.
This includes everything from claims to individually-owned properties and items, as well as joint belongings, and child custody claims. It is crucial that this document is written by a solicitor as it must feature the proper terminology.
Then, the agreement is assessed by your partner together with his or her solicitor, and you will receive a second version of the document that features their decision about the claims you have set. You will then review the new agreement with your representative to decide if you are satisfied with the terms.
You should be prepared to make several drafts of the divorce agreement until you can get the final version that represents your wishes, as well as your partner’s. Finally, you and your spouse will sign the contract, and you will divide the matrimonial assets accordingly. Any such agreement should then be embodied in a Financial Consent Order to be sealed by a judge.
This is yet another viable option you should consider if you and your spouse are willing to work things out outside of court. Each of you will have legal representation, and you will participate in negotiating sessions. These will be supervised by a team of specialists, including accountants and mental health professionals, who can help with the decision-making process.
It features face-to-face meetings, as well as telephone calls and e-mails with the aim of identifying the final terms of the divorce that can represent the wishes of both partners. When the negotiations are complete, the solicitors will finalise the divorce.