Divorce Resolution Case Study

If the family feels the crunch….

Better options for divorcing couples

The recent leak from the Home Office about the consequences of the economic downturn and the credit crunch focused on the impact they would have on the incidence of crime in British society.

However, speaking as a solicitor who specialises in family law and who practised through the last recession I would say that an equally significant but perhaps often over looked consequence is the impact that those developments have upon family life.

Coping with the stress of job loss, unemployment and possible relocation, debt and negative equity can take its toll on families and an increase in family breakdown and disputes between couples is often associated with a downturn in the economy.

Fortunately since the last downward loop in the economic cycle in the 80’s early 90’s there have been a number of developments in Family Law which can make the process of dealing with family breakdown less destructive and enable couples to take a more constructive and positive approach towards such a traumatic time in their lives.

The first such development is the code of practice of the organisation known as resolution. Solicitors who adhere to this code take a less adversarial and more constructive approach to dealing with family cases.

Fortunately in Bristol many family solicitors subscribe to this code but it is worthwhile checking that your solicitor is a member. For more information check their website at www.resolution.org.uk

Once a Resolution solicitor has been secured there are a number of options available to couples to choose from to resolve the issues between them in a manner that best suits their family. 

There is of course what I would call the traditional approach of negotiation between solicitors and/or applications to court.

But in addition to that there is now;

• Family mediation: where the couple are referred by their solicitors to an independent Mediator/s whose job it is to help them discuss their problems so that they can come up with their own solutions. The couple continue to get advice from their own lawyers and will return to their solicitors at the end of the mediation to have their proposals transformed into a binding agreement or court order

or.

• Collaborative Law; where the couple and their solicitors collaborate through a series of face to face meetings. Again the aim is to enable the couple to have discussions and come up with proposals that will allow them to achieve what they both want within the bounds of what their circumstances will allow. The involvement of the lawyers enables advice and support to be given throughout the process and the transformation of any proposals into a permanent agreement or order at the end of the day.

Both these processes keep open lines of communication and allow for creative solutions to the problems that are faced by families which have broken down; solutions that may not be available through the “traditional” approach or the courts.

Although I have been talking about couples all these approaches lend themselves to disputes between other family members and in appropriate cases can even involve children.

At Barcan Woodward we also bring to this list of options the concept of fixed fees for the family law work that we do. We are the only firm in Bristol to offer this option. Our clients know from the outset what our work will cost them and have the additional reassurance of knowing that that is all they will have to pay and that there are no hidden extras.

In these troubled times this is one less thing to worry about.

Richard Howell is the head of the specialist family law team at Barcan Woodward solicitors with offices at Horfield, Bedminster and Queen Square for further information call him on 01179232141 or email him on roh@barcanwoodward.co.uk