We all know that when going through a divorce or separation, it is a very emotional and difficult time for all involved and in particular any children involved.
It is important that people realise that when separating from their spouse or partner, it does not need to be fuelled with anger and hatred. Most separating couples want to make sure that any legal action taken is done so amicably, any issues are dealt with in a cooperative manner and most importantly in the best interests of any children involved.
This has been recognised by the government in recent months with the ongoing plans to implement ‘no fault divorce’ which is a long overdue recognition that the divorce process should not be filled with animosity.
Sometimes, one person suggesting a separation or divorce can be a huge shock for the other person. It can leave a feeling of loss and not knowing where to turn. You should always seek advice from a family lawyer in the first instance and at Maguire Family Law we can advise you on your options.
There is often a misconception that instructing a lawyer means that there is going to be back and forth communication which is aggressive in nature and some people think they should only instruct a lawyer when there is a ‘fight’ to be fought. We always act in our client’s best interests to encourage amicable negotiation where possible but also recognise when a stern approach needs to be adopted. In some cases court is unavoidable and we support our clients through that in the best and most professional way that we can.
Most of the time the best result can be achieved by promoting a non-confrontational approach and reaching a settlement or agreement amicably with the other party. We consider matters based on the individual circumstances of each case and encourage out of court negotiations where appropriate. As well as providing specialist family law advice in respect of separation, divorce, division of finances and arrangements for children we provide our clients with practical tips to try and encourage cases to reach a settlement. These can include;
- We always tell our clients to keep lines of communication open with their ex-partner or spouse as best they can. This can help reduce any hostility.
- We always advise our clients that they have the option of attending mediation. A mediator is an impartial person (not always legally qualified) who can sit around a table with you and your ex-partner/spouse and talk through issues and with the aim of narrowing disputes. Mediation can be used to resolve financial issues or issues surrounding arrangements for children.
If an agreement is reached in mediation in respect of dividing matrimonial finances, you would then need to take independent legal advice from a specialist family law solicitors to prepare a ‘Consent Order’ to make that agreement legally binding.
- You should instruct a family solicitor that is going to listen to you and fight your corner in the most efficient and cost effective way (which we will always do) and we have a team of solicitors ready to help you.