Posts Tagged arbitration

Out-of-court options for divorce

Out-of-court methods of dispute resolution are generally quicker, faster, and less stressful than taking a case to court, and as family lawyers we would always encourage couples to try one of these options before pursuing litigation. There are several alternatives currently available in England and Wales, with a further option for ‘no-fault divorce’ in discussion for the future: For more information on any of these out-of-court divorce options, click the links below, or contact us at www.franceslindsay.co.uk. Mediation: What is mediation? Is mediation right for me? Collaborative Family Law What is ...

Family Arbitration: The Middle Way?

Family arbitration is something of a mid-point between other alternative methods of dispute resolution and the court process though it is unfortunately often overlooked or simply not made available to separating couples. Family arbitration is suitable for couples who are unable to reach an agreement between themselves or with the support of a mediator and would prefer not to go to court but still need someone else to help make the decisions. The process involves appointing a joint family arbitrator to act as an objective decision-maker, in much the same a judge would do in the family courts. However, every aspect of the arbitration process remains private, and within a schedule agreed by both ...

The Pros and Cons of DIY Divorce

A new ‘fully digitised’ online divorce application service was recently launched as the latest initiative in the government’s family law modernisation programme. This new service is intended to help couples to manage their separation as simply and efficiently as possible, and to reduce strain on the family courts. However, as with any kind of DIY divorce process, there are pros and cons to be considered, and this kind of service may not be the best choice for everyone. Everyone’s circumstances are different, and some cases may be far too complicated to be handled without the expert advice of a solicitor, as DIY divorce services tend to be most suitable to those with very ...

Infidelity: The Gender Divide

There are many complicated reasons why people might commit adultery, and research has shown that the motivation behind cheating – and the tolerance of their partner – often differs between men and women.* A recent report from the Office for National Statistics suggests that the balance of infidelity in those petitioning for divorce has see-sawed significantly in the last twenty years. Comparing 2016 statistics to those in 1996, the report showed that fewer women are seeking divorce on the grounds of their spouse’s adultery – a fall of 43%. Conversely, the number of men divorcing their wives for the same reason has increased by around a third. Another study by ...

Divorce & Separation: Dividing Assets

Dividing up assets during divorce can be a sticking point for even the most amicable of couples. It can be difficult to come to an agreement over financial settlements, particularly if there are complicated issues such as multiple properties, businesses, or personal investments, but a few basic ground rules apply to the division of assets: As a general rule, the value of all assets will be placed into a joint ‘pot’ which will then be divided between the couple according to the needs of each party. Assets may include property, vehicles, savings, the contents of bank accounts and investments as well as personal items. Spouses are required to declare ...

Divorce & Separation: Asking the Right Questions

When you decide to separate, choosing the right process for you and your family is the most important first step. Each situation will be different, and there are a number of different options to suit varying circumstances. But before you seek help from a solicitor, ask yourself a few fundamental questions about what you need and what kind of outcome you’re looking for: What are the most important issues you need to discuss? What are your priorities? Dividing up assets or sorting out living arrangements or dealing with children’s issues? Are there any provisional agreements you can make before you seek legal help to streamline the process? Which issues are non-negotiable and ...

10 things to know about divorce

#1: Someone has to take the blame There is currently no allowance for ‘no fault’ divorce in the UK, and unlike America we do not have an option for ‘irreconcilable differences’ when choosing grounds for divorce – someone must accept that they are at fault in some way. The most common grounds for divorce are unreasonable behaviour and adultery. Adultery is pretty self-explanatory but unreasonable behaviour can cover a vast range of reasons, such as financial issues, irresponsible behaviour, emotional manipulation, or simply falling out of love. If you’re unsure about which grounds to choose, speak to your solicitor to discuss your situation. #2: Don’t stay together ‘for the sake of ...

Family Arbitration

Going to court can be a daunting prospect for couples seeking separation, but there are a number of out-of-court alternatives for those who wish to settle their issues privately and efficiently – one of which is family arbitration. Traditionally used as a method of dispute resolution for businesses and financial issues, arbitration is now an option for couples and individuals in need of assistance in resolving relationship conflict within a supportive and private environment. Family arbitration can help you to reach a decision about finances, property, and some child-based issues during separation negotiations without the need to go through a potentially costly and antagonistic court process. It can also be ...

Divorce & Separation: Choosing the Right Approach

If you’ve made the decision to separate, you may be feeling a bit overwhelmed about what to do next. This is totally understandable – it’s a huge decision, and there are so many logistics to consider, but you don’t have to go it alone. The first step is to find an experienced solicitor to talk over your options. Going to court is not the be-all-and-end-all of divorce – there are a variety of alternatives that cost less, are more flexible, and allow you to work collaboratively with your ex. Under current UK family law legislation, there is, unfortunately, no option for divorce without blame, but there are ways to approach separation ...

Separation & Divorce: Five Essential Questions