Separating Together – Out of Court Family Law

Divorce, the dissolution of a civil partnership or separation from a partner can often lead to conflict and heartache. Each couple and family is different and having the right professional advice and support and guidance to choose the right approach for you and your family can make all the difference and save you time, money and anguish in the long term.

When it comes to resolving child arrangements or financial matters during divorce, it’s worth noting that court proceedings are typically a last resort when parties can’t reach an agreement. In most cases, couples never need to appear in court, instead finalising their divorce through a postal or online process.

Reaching a settlement out of court relies on both parties committing to an amicable approach and being open to constructive, collaborative discussions. This requires a willingness to make reasonable compromises on both sides.

Separating Together, out of court, can often be quicker, more cost-effective, and cause much less emotional trauma than going to court. Our experienced family lawyers can help.

Family Mediation Solicitors

Mediation involves attending sessions along with your partner and a trained mediator. The idea is to negotiate and come to agreements on issues you have, concerning money, your children or any other consequences of your separation. The aim is to reach an agreement that works for your family. The number of mediation sessions you will need will depend on your requirements and the issues to be resolved.

Our trained family mediator will meet with separating or divorcing couples together in an informal out-of-court setting, guiding both parties to come to mutually acceptable agreements regarding their financial affairs and/or arrangements for their children, without bias or direct intervention.

For more information on our Family Mediation Service please click here.

If you and your partner are attending mediation outside WSP, our solicitors can advise and support you through the mediation process. When you are able to reach an agreement, we can make sure that it is fair and right for you. We can also help you to formalise the agreement in writing, for example by applying to the court for a financial order by consent or drawing up a parenting contract for you both to sign.

Resolution Together – Working Together with One Solicitor on a Divorce 

If you and your former partner are on amicable terms, and you are both ready to work with one another to reach an agreement, our family law solicitors can help you with ‘Resolution Together’.

Resolution Together (also known as One Solicitor, One Divorce) works differently to collaborative law. With Resolution Together, our solicitors can represent both you and your former partner at the same time, helping to reduce conflict and encouraging a swift resolution.

To find out more, and learn how our solicitors can help you with this, see our page on Resolution Together.

Collaborative Family Law

Collaborative law is a process where you and your former partner work out the issues arising from your separation in face to face meetings, each with the support of your own solicitors. Rather than dealing with the issues through your solicitors, you work together with them to reach the best solutions for you and your family.

The number of meetings will depend upon the extent of the issues. Sometimes other experts are involved in the process, for example counsellors or financial advisers. Using collaborative law can allow you to solve problems without having to go to Court. As part of the process, you, your former partner and your solicitors sign an agreement that commits each party to trying to resolve the issues collaboratively. Your collaborative solicitor will not be able to represent you in Court if negotiations break down.

While the prospect of starting collaborative law proceedings may initially appear daunting, it is likely to be a much more straightforward and less contentious approach than court proceedings.

Our expert family law solicitors at WSP can assist you to prepare for collaborative law, as well as representing you during collaborative law proceedings to help you reach a positive solution, and supporting you to later finalise agreements made throughout the process.

Family Arbitration

Family arbitration is a way of resolving issues about your finances or your property if your relationship has come to an end and you have not been able to reach an agreement.

Arbitration is a bit like the court process, but it is private and less daunting. Whether you wish to resolve a small, isolated issue, or the whole case, it is entirely up to you. It also tends to be faster than going to court. It involves attending a hearing or series of hearings before an arbitrator (normally an independent barrister or solicitor). You can present your case with the help of us, your family lawyers. Your ex-partner will also be able to present their case. The arbitrator will then make a binding decision about what to do.

At the start of the process you and your former partner agree not to back out without the other’s consent and to be bound by the award of the arbitrator.

Our expert family law solicitors at WSP can assist you to prepare for arbitration, as well as representing you during the arbitration process, and supporting you to later finalise agreements made throughout arbitration.

Negotiating on Your Behalf

Negotiation is a huge part of sorting out financial matters and arrangements for children on separation, but it can be very worrying as you want to make sure the final outcome is fair to you. Our Family Law team are skilled negotiators and can help you throughout the process.

We will assist by helping you collect relevant information about your finances and to request this from your partner and to consider child arrangements options where relevant. We will advise you on the relevant law and negotiate for you by letter, email, on the telephone or at round table meetings. We will advise you through each step and help you decide what to do. We will then contact the other person (or their solicitor) to try and agree on the best way to resolve matters for you.

Contact our Out of Court Family Law Solicitors in Gloucestershire

For expert support with family law, please contact your local WSP family law solicitors in Gloucester or Stroud today. If you have a question about our family law services or would like to request a callback, you can also use our simple online enquiry form.