How to resolve issues following separation

26-05-2022


With the introduction of no-fault divorce in April 2022, the courts are seeking to encourage parties to move away from the blame game and instead work together to address the important issues such as arrangements for children and division of family finance. Below is an overview of how separation disputes regarding children and finances may be resolved.

Discussing matters with your partner directly regarding separation disputes

This should be used at least as a starting point so that you can identify and narrow the issues that are at dispute. You can seek help from friends and family if they can maintain impartiality but discussions should take place away from children.

Pros

Cons

Mediation to discuss separation disputes

If you like the idea of talking it out but need somebody impartial to be there, then mediation may be the route forward. For details of mediators in your area, click here: Home – Family Mediation Council

Pros

Cons

Solicitor Negotiation

If talking between yourselves or mediation isn’t right for you, then the next step would be to ask a solicitor to negotiate with your ex-partner (or their solicitor if they have one) on your behalf.

Pros

Cons

Collaborative Law

These consist of 4 ways meeting with both parties and their solicitors. Parties’ sign an agreement that they will do their best to work together achieve a resolution.

The pros and cons are very similar to solicitor negotiation but with the extra downside that if you are unable to reach an agreement, then your solicitor can no longer act for you so you will have to instruct someone else should you then need to go to court.

Using arbitration for separation disputes

Arbitrators make decisions for you that are binding on both parties. For details of arbitrators, click here: Search for an Arbitrator | IFLA

Pros

Cons

Going to court

This should be a last resort. You will be expected to have attended a Mediation, Information and Assessment Meeting (MIAM) before issuing court proceedings (unless an exemption applies e.g. domestic abuse).

Pros

Cons

The options for dispute resolution do not have to be used in isolation and can also be used together to reach an agreement about financial matters and/or children. For more information about the best options for you, please contact Madia here or one of the specialist team members below.


Madia Aslam

Solicitor
Family Law

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