Soften the blows of break up

Separated? Law firm Gibson Kerr is in your corner and has non-combative options to allow former partners to come to a legal agreement
Collaboration rather than conflict is the best way for ex-partners to resolve disputesCollaboration rather than conflict is the best way for ex-partners to resolve disputes
Collaboration rather than conflict is the best way for ex-partners to resolve disputes

When couples separate, there are often issues that have to be sorted out. Whether the issue is financial or in relation to property or childcare arrangements, there are a number of options for you and your former partner to resolve things.

Common issues include division of assets, ongoing financial support, occupation of the family home, arrangements for children and payment of school fees.Here are some of the methods you and your former partner can use to resolve disputes.

Kitchen table

Although it doesn’t literally have to be at a kitchen table, this is where you and your former partner sit down together to negotiate an agreement. Depending on the nature of the relationship breakdown, this is sometimes possible and has the advantage of saving on legal fees.

It’s also more likely that your future relationship will be more amicable, which is important if you share responsibility for children.

However, you should always take some legal advice; even if you can reach an agreement this way, it’s still wise to engage a solicitor to draw up a formal legal agreement.

Mediation

This method involves both parties sitting down together to discuss the issues in the presence of a neutral mediator. The mediator will work to guide a constructive discussion, so it’s more likely that the parties can reach an agreement.

Again, it’s advisable that you take separate legal advice throughout this process so that you’re clear on what your rights are, and you should not sign any agreement without having legal advice.

Collaborative Law

In this process, each party engages their own solicitor, who will be trained in collaborative law.

All four people then have a series of meetings and work together to reach a settlement. Both parties and their solicitors sign up to the process before starting and agree not to raise court proceedings. This process is less likely to result in a total breakdown of the relationship, which again is important if there are children involved. It can also be quicker and cheaper through solicitors.

This is the most common way that disputes are dealt with. Each party engages their own solicitor and they negotiate an agreement on the issues between them.

The advantage here is that each party has legal advice, so are fully aware of their options. However, depending on the complexity of the case, this process can be lengthy and can become expensive.

Arbitration

In these instances, instead of going to court an arbitrator is appointed, and each party gets the chance to present their case to the arbitrator who then makes a binding decision.

The advantages of arbitration are that you can choose your arbitrator and you and your former partner can control the process, which is 100 per cent confidential.

Court litigation

This would normally be another method commonly used to resolve disputes. However, because of delays caused by the lockdown, it is problematic at the moment.

The courts stopped dealing with all but the most urgent business at the height of the coronavirus lockdown. They are now taking on non-urgent business, but there is a significant backlog to clear which is causing delays.

If you want to discuss any particular method of dispute resolution, please get in touch by emailing [email protected], calling 0131-226 9161 or visit https://bit.ly/GibsonKerrSeparation