Going through a divorce can be a stressful procedure especially when it comes to allocating financial assets, such as property, pensions, and savings, and issues related to child and spousal maintenance.

Apart from child maintenance, there are no set formulas but the main objective is to stretch the joint assets so that it covers both parties’ needs in such a way that it is reasonable and fair.

Both parties have the option to divide assets themselves. But, if that does not work or is not possible, then can ask solicitor to get the court to make a decision for you, which is called applying for ancillary relief.

First steps

Before negotiations start, it’s a good idea to make a list of all joint assets and financial issues including money, property, where the children will live, future earning potential, pensions, mortgages and other debts. Then, try identifying where there are common grounds between you and your ex, and figure out where you disagree.

Collaborative law

Normally, when a marriage ends, the party’s appoint their own solicitors who conduct negotiations on each other’s behalf at either by letter, email or telephone. The process can drag on for a long time and it can cause endless delays and frustration.
Each spouse would still need to appoint a solicitor. Spouses can meet to work things out face-to-face and the solicitors will remain by their sides throughout the entire process. This is beneficial as both spouses can benefit from legal advice.

Benefits of a collaborative law process include:

• The process is a non-aggressive method, so the parties retain their dignity in the process.
• It helps maintain an agreed need to bases contact
• It gives you more control over events
• You can avoid passing the case on to a judge to decide important matters
• It’s usually cheaper than going to court and pursuing a traditional divorce
• More chances that a final agreement can be reached on a mutual agreement

Mediation

Any form mediation can also be a good option for the spouses. This process will allow you to discuss issues in a safe and neutral environment, giving each other an opportunity to improve the communication barrier and chances of long-term co-operation with each other- often necessary when children are involved.

Consent orders

If and when you reach an agreement at the end of negotiations with each other, the solicitors will want to draft a consent order to present to the court straight away. A consent order is one that both parties agree to before it goes to the courts.

Legal advice

Before you begin negotiating with your spouse, you should seek the advice of an experienced family law solicitor in your local area. A solicitor who often handles divorce matters may be able to offer suggestions and insights that you may not have thought of before going for legal advice. After all, he or she is likely to have helped number of other clients in similar positions. Legal advice will also help you understand your legal rights and obligations, which will ensure any agreement you reach is a fair.

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