Taking a Positive Approach to Divorce

December 30, 2013  |   Posted by :   |   Blog

In the midst of a divorce, positivity can be hard to find, but taking an optimistic and open approach to separation may help you find an even more beneficial outcome for your family. There are several alternatives to court which provide extra support and understanding for couples going through separation, including collaborative family law, mediation, and arbitration.

Finding a way to get past a betrayal or a difficult relationship can feel insurmountable, but over time – and with the right help – working through the issues of your marriage during your divorce can help you to move on afterwards.

Mediation, arbitration and family law all offer alternative methods of divorce without the need to go to court. Bringing your marital problems to court can be stressful, expensive and emotionally straining for you and your family, but if you would prefer to discuss and negotiate the terms of your separation in a more personal and private setting, these alternative options may be right for you.

alternatives to court divorce

What is mediation?

Mediation is not a form of counselling but a mutually beneficial method of separation. Mediation involves the help of an independent and objective solicitor who is not able to take sides with either party during the process. Working together with your ex-partner and a mediation-trained lawyer, you will come to an agreement which is finalised by a memorandum of understanding. Any additional legal processes that might be required can be completed via your own appointed solicitor.

What is collaborative family law?

Family law is a solution-based method of separation that focuses on finding the best outcome for couples with children, including financial provision and the division of assets and property. As the name suggests, collaboration between you and your ex-partner is required in order to come to a positive agreement, and this type of separation process is often much less confrontational than a court-based divorce.

What is arbitration?

Arbitration is a process that involves a specially appointed family-law expert (arbitrator) who will work with you to make decisions regarding your separation. An arbitrator’s decision is binding and this method of separation is similar to divorcing in court but has several advantages since you are able to choose the time and place of your meetings and can conduct your separation in private.

If you’d like to know more about the alternatives to court-based divorce, Frances Lindsay & Co’s friendly and professional solicitors will be happy to discuss your needs and situation. Email us on or call 01628 634667 to speak to one of our family lawyers. Frances Lindsay & Co are based in Berkshire and Buckinghamshire and are also able to arrange meeting rooms in London – let us take the weight off your shoulders and help you take a positive approach to your divorce. 

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