Negotiations using your solicitor
There is no reason why negotiations cannot be kept amicable if conducted through solicitors. Negotiations should begin with the disclosure of the parties financial position which will enable the solicitors explore the options available, give advice upon an appropriate settlement and of course help the parties reach a decision. It is usually appropriate for the financial disclosure to be exchanged on a voluntary basis.
If agreement can be reached between the parties then a consent order can be drafted by the solicitors which will set out the agreement reached and lodged at Court with a statement of information form giving the Court information about the party’s financial position. There is a Court fee of £50 when applying for a consent order unless the parties are exempt from Court fees. If approved by the Judge the order will be granted.
This is a process designed to aid communication between parties to a relationship breakdown and help them resolve issues between them such as disagreements they may have about the arrangements for the children or reaching a financial settlement.
The mediator does not ‘act’ for the parties nor can give them legal advice. However legal terms can be explained in an even handed way.
There will be an exchange of financial disclosure during mediation and each party is encouraged to seek their own legal advice.
It can be a more cost effective route than Court proceedings but it is a voluntary process and will only be successful if both parties engage in the process.
If you would like further information about divorce or relationship breakdown, please contact us.