“It can often be confusing as to how to take the next step…”
You may decide to proceed with one or more of the following:
- Face to face discussions
These can often be difficult, especially in the initial stages of a separation, when people are fearful unsure of their options. Taking initial advice from an experienced solicitor will give you a starting point for your discussions and will also help you to manage your expectations.
You need to understand that a mediator cannot provide legal advice. It is important to obtain legal advice before mediation, so that you have a good idea od what you should be seeking to achieve. You should also have legal advice during mediation so that you can work out whether the negotiations are progressing in your favour.
- Negotiations through solicitors
We would be happy to provide you with support, advice and guidance. We will advise you in conciliatory manner, seeking to avoid making any conflict any worse and avoiding court proceedings. However, if your spouse is not interested in a fair outcome we will advise you to issue court proceedings.
- Court Proceedings
The Court will set a timetable in place once proceedings have been issued which will reduce the time, and therefore cost, of negotiations, so issuing court proceedings should not be seen as a confrontational gesture but as a catalyst to reaching a decision.
The court also has powers to enforce the disclosure of vital documents so that a case can move forward – parties can not be expected to agree unless they know what the assets actually are.
It is essential to have a lawyer who will pursue your interests in a robust manner with the clear objective of winning. However, the court process must go hand-in-hand with effective negotiation, round table meetings and sensible offers of settlement to avoid unnecessary and expensive conflict. In more complex cases we will discuss with our clients whether to instruct leading barristers to provide objective advice on the conduct of the cases.