BUT THERE IS STILL A CHANCE

TO DO SO WITH STYLE!

Christmas decorations now put away.  New Year empties discarded.  Here we are facing a new decade.  As the papers remind us, problems of relationship breakdown again become a reality.

It may be the convention to presume lawyers are expensive and of questionable benefit.  I hope, however, to explain that in the Family Law field, as well as in other areas of the law, lawyers try to avoid expensive conflict whilst remaining focused on an outcome that best suits the client.

In Family Law, the basis for divorce remains contained in an Act of Parliament of 1973.  It contains potential for a husband or wife to accuse their spouse of wrongdoing.  Sadly, it remains the only method to secure a divorce without waiting for at least two years’ separation to pass to allege adultery or unreasonable behaviour. 

I wish to reassure you that family lawyers have accepted it is unhelpful to stir up and promote conflict. Reasoned, balanced resolution of difficulties is best.

Mediation is one option and can resolve issues without going to court. An independent mediator will help a couple meet to discuss resolving their affairs.

Similarly, collaborative lawyers sign up to a contract with their clients with all four individuals committing to avoiding court. 

These alternative styles of approach clearly have benefits such as less cost, less anxiety and less time.

Family lawyers, however, take advantage of rules and procedures that will avoid full conflict.  With money cases, the court will hold a “Financial Dispute Resolution hearing” to enable couples to try to negotiate and bring the negotiation to a judge to try to resolve matters by agreement. 

In cases involving children, the court will not make orders at all, unless it is absolutely necessary. The court process, similarly, will involve a type of advisory service independent of both sides. CAFCASS* will try to meet with the couple to provide a forum which uses mediation to resolve difficulties. 

Family lawyers such as Stephen Rimmer LLP seek to be inventive, focused and helpful to clients to find the best method of resolving difficulties when relationships break down.  We offer mediation and collaborative law and ensure that we apply our experience and knowledge in a focused and effective way.  We offer a variety of fee schemes to meet the cost, as well as legal aid where eligible.

Our approach will be echoed by others at the ‘Starting Over Show’ www.startingovershow.co.ukin Brighton on 28 March 2010 at The Hilton Metropole Hotel.  I will be giving a presentation at lunchtime and we will be very pleased to talk through any issues or ways we can help you.

There are many positives in moving forward to address a new beginning including an opportunity to rebuild a life and taking a different direction with style.

These are personal views.  Please seek specific advice on any issues raised in this article.

John Stebbing Family Law Partner

Stephen Rimmer LLP – Mediator and Collaborative Lawyer

01323 434415