There are mechanisms in place to try and keep divorces as amicable as possible. 'No-fault' divorce has removed the 'blaming' element of divorce applications by removing the requirement to rely on one of the five grounds to establish that the marriage has irretrievably broken down. This aims to reduce the potential conflict the 'blaming' element may have caused. Under 'no-fault' divorce, parties who are both in agreement that there should be a divorce, can now make a joint application.
Mediation is an alternative option to using solicitors; it is often less hostile and a more affordable option. Mediation is a confidential process where an independent, trained professional tries to help you and your ex-partner to reach an agreement on practical issues following separation. This can involve making arrangements for your children and resolving financial and property matters. The mediator's role is not to make decisions for you, but to instead guide conversations to allow you to reach an agreement. The mediator is a neutral party, meaning they do not take sides, supporting each party and making sure everyone has a chance to speak and voice their concerns in the hope to reach a mutual agreement.
The organisation, Resolution, is a group of accredited professionals whose aim is to achieve a constructive and non-confrontational approach to family law matters. Their code of practice sets out that their members will reduce or manage any conflict, support and engage families to prioritise their children and help clients to understand the long term financial and emotional consequences of their decisions. Resolution also aims to raise awareness of family law issues, for example, they campaigned for the 'no-fault' divorces that are now in place and raise awareness of the benefits of using a constructive and non-confrontational approach to family law matters. Here at Clapham & Collinge we are members of Resolution and strive to achieve the best outcome for our clients in a manner that minimises emotional and financial impact.
Collaborative law also offers an alternative approach to reaching an agreement outside of Court and can often be quicker than the Court process. This process allows for both you and your partner to instruct separate solicitors and then meet to try and reach an agreement together, face to face. At the collaborative meeting, if necessary, other professionals can be present, such as financial advisors to provide the advice and support needed to reach an agreement. Neale Grearson, Partner and Head of the Family Team at Clapham & Collinge, is a collaborative lawyer who is able to assist our clients in advising and supporting them in reaching an agreement in a collaborative manner with their partner.
Divorces should not, and very rarely do, get to a point like we have seen in the news in the last couple of days. Whether you decide to attend mediation and/or instruct a solicitor, they will aim to keep the process as amicable as possible. The media often portrays the extremes of any event and this is the same when it comes to divorces, whether it is on a tv programme or in the news. An example of this is the horrific event that happened on Monday 11th November 2024.
