With the availability of the internet, there is a wealth of information readily available to many people seeking advice on family matters, but this information is often very general in nature and not specific to individual circumstances. The law on family breakdown gives the Courts a wide discretion to do what is fair in all the circumstances, but you may be unsure what weight should be given to all the various factors applicable in your case. The mechanics of the process of separation and divorce may appear straightforward at first sight, but procedural rules are often complicated. For example, pension sharing legislation has now been in force for several years but there have recently been changes to the Regulations. Pension sharing can be a complex issue, and is one example of an area where our expertise will have significant value to you.
We advise not only on issues of family breakdown, but also how best to arrange your affairs at the start of a relationship, for example through cohabitation or pre-nuptial agreements which are of increasing significance in this rapidly developing area of family law.
At Barlow Robbins LLP we have a very strong team of experienced solicitors practising in Family Law. Our solicitors have wide experience of all types of cases, including those with international aspects, corporate or substantial assets or difficult issues concerning children. We advise not only married or divorcing couples, but also couples who are not married including those in Civil Partnerships. We also have an experienced solicitor specialising in expatriate divorce amongst our team.
We are committed to resolving family issues in a constructive way in accordance with the code of practice of Resolution (formerly known as The Solicitors Family Law Association) of which all our solicitors are members and several are active committee members. Whenever appropriate, we seek to resolve matters through mediation or collaborative practice.
As a firm, we are able to offer a complete service where there are issues concerning businesses, transfers of property, and Estate and Inheritance Planning.
We never lose sight of the fact that every case is different and we aim to provide a highly professional service tailored to your circumstances.
At Barlow Robbins LLP, our solicitors collectively have an impressive wealth of experience of resolving issues following family breakdown both through negotiation and, where necessary, Court proceedings. We are also able to offer alternative ways of resolving matters through Collaborative Practice and Mediation.
Collaborative Practice
Collaborative practice is a modern approach to resolving family problems. If you or your partner are considering divorce, you may be asking yourself whether you will be able to keep control of the process in any way and if the matter goes to Court you will be faced with the uncertainties of a system which allows the Court a wide discretion but can sometimes restrict the range of solutions available to your particular circumstances. You now have an option to resolve matters by joining with one of our trained Collaborative Lawyers together with your partner and his/her Collaborative Lawyer.
So how does it work?
All participants (including the lawyers) will be asked to sign an agreement which precludes either party from taking the dispute to Court. If this agreement is broken, the parties have to start again with different lawyers, so there is a strong incentive to make the process work.
Once the agreement has been signed by all, both parties work with their legal advisers to gather the necessary information required to enable four way discussions to take place round the table. The lawyers involved will only make contact to discuss preparations for the meeting and the issues that need to be discussed. They do not exchange correspondence. The object is for all the participants to work together openly to find the solutions that best suit all concerned.
Other professionals can be included at the meetings if their expertise is needed. For example, an accountant may be able to discuss the valuation of a business and the alternative ways of structuring a buy out of one party’s interest in it. The benefit here is that all involved receive the same information at the same time.
The key factor of this method is that you and your partner remain in control of your own destiny and do not face solutions being imposed upon you by a stranger in a process which itself can be daunting. The speed of the process will depend on the complexity of the issues involved and the parties’ ability to provide the necessary disclosure. You decide the pace and remain in control of the process.
At Barlow Robbins LLP, several of our experienced Family lawyers are trained in Collaborative Practice. Our experience has been that Collaborative Practice has been invariably successful in helping couples to apportion their assets by joint discussion with the help of supportive legal advice in a non-confrontational way. You also stand a very good chance of maintaining a relationship with a former partner that might otherwise be damaged by the adversarial Court system, and this is particularly important where children are concerned.
So do let us tell you how the process could work for you. Contact Barbara Wright or Louise Connolly at our Woking office, Judith Ball at our Guildford office or, at our Godalming office, Michael Goodridge, Mary Keer or Candida Purser.
Family Mediation
Mediation is an alternative way for couples to deal with the issues that arise on separation and divorce. The principle of mediation is that a neutral third party helps the couple to a negotiated settlement. It is often a cheaper, quicker and less antagonistic process which can benefit the whole family.
So how does it work?
Couples who have decided to divorce or separate work together with their mediator to try and resolve the issues. The mediator is highly trained and impartial; he or she does not take sides and is non-judgemental. The mediator works with and for you both in helping you to reach agreement in a non-adversarial environment. Meetings with the mediator take place with both of you in the same room, on neutral ground. Everything discussed with the mediator is confidential.
You and your mediator sit down together and try to work out a Memorandum of Understanding which covers all the issues such as what will happen to the family home, where the children will live, how they spend time with each parent, and a financial settlement. Lines of communication are established and you take control over decision-making, over your own lives and your children’s future. You will be encouraged to focus on your futures and to look forward to developing new and separate lives. The aim is to reach decisions in a constructive, dignified and non-adversarial way.
The first step
You must both agree to give mediation a try. You do not have to be on the best of terms with your partner for this process to work, but you do at least need to be able to communicate. You must both be prepared to disclose your financial situation fully and frankly, and you must be committed to resolving issues constructively and be prepared to compromise.
At Barlow Robbins, our mediators are experienced Family lawyers and can help you to reach a settlement which the Court will endorse.
Candida Purser qualified as an Advanced Mediator with the Association of Lawyer Mediators. She is a member of Family Mediators Association (FMA), Resolution and the Law Society’s Family Law Panel.
Karen Barham is a Consultant with Barlow Robbins LLP specialising exclusively in family mediation. She is currently Chair of Resolution Surrey.
If you and your partner are interested in mediation, please telephone Candida’s secretary at our Godalming office (telephone 01483 417121) who will send you more information.
