ArbitrationĪrbitration is an alternative to the court process in which a jointly chosen arbitrator is chosen to act in place of a judge. If agreement is reached, it is embodied in a consent order for approval at court. If the collaborative process breaks down, each party must find a new solicitor to represent them if they wish to go to court. In the collaborative process, both parties and their solicitors meet in a series of roundtable meetings which are used to address disclosure and valuation of assets and ultimately to reach agreement as to final settlement terms.Ī participation agreement which commits all parties to the collaborative process is usually signed, with an agreement not to bring court proceedings. Mediation can take a number of different forms and may take place with or without your solicitor present. Those terms should then be embodied in a consent order for approval at court. Mediationįamily mediation involves the joint appointment of an independent mediator or mediators who will meet with you both on one or more occasions and seek to facilitate discussions between you and your partner to help you to agree settlement terms. The options include negotiations through solicitors, round table meetings, mediation, collaborative law, arbitration, court proceedings, private FDRs or a combination of two or more of those processes. Which process you choose to adopt to finalise matters will depend on the issues, as well as what best suits you and your circumstances and what may be agreed with your former partner. In most circumstances, a valuation of assets will be also be needed.Īll agreements should be embodied in a final order approved by the court, ideally by consent. Whichever is adopted, full and frank disclosure of worldwide assets, income and material information is required. ![]() There are many different approaches to resolving your finances on divorce or dissolution. Calculate your settlement Financial Settlements in England and Wales Process Get tailored advice on how to calculate a fair divorce settlement using our free calculator. ![]() If you are in any doubt, we have advisors in both jurisdictions who can assist.ĭiscover how to calculate your divorce settlement Please see our specific sections on financial settlements in Scotland if you believe your case may require to be dealt with under Scottish law. In Scotland, there is a different set of legislative acts governing divorce, dissolution and financial settlements. If your case requires additional expert advice, such as a barrister, forensic accountant, surveyor, actuary or other specialist, we have an extensive network of tried and tested contacts to call on. Whatever your circumstances, we use our experience to find the most cost-effective solution for achieving the outcome you want, while our level of involvement is flexible to suit your specific needs. And if you divorced or separated overseas, we can explain how it affects your situation in the UK. If your marriage or civil partnership has already been dissolved, we can advise you on the possibility of reviewing your maintenance payments. ![]() Some clients prefer to take a collaborative or mediated approach, reaching agreement through transparent negotiations, while others are looking for legal representation to advise and guide them and protect their interests at court hearings or injunction applications. You may have already reached an outline settlement with your spouse or civil partner, or you may want our initial opinion before starting negotiations, perhaps handling the negotiations yourself. Digital assets including cryptocurrency.Interests in companies, including share options.Whether your only asset is the equity in your home, or you have a complex portfolio of trusts and investments, our family law experts have the in-depth expertise to guide you through the process, including issues around:
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