Not all divorcing spouses will end up in court. A large number of couples manage to agree all the details of their divorce before the application is made and, if the court is satisfied with the childcare and financial arrangements for any dependent children of the marriage, the divorce petition will go ahead without the need to speak personally to a judge or attend a hearing.
However, if negotiations become protracted or are particularly acrimonious, then it may be necessary to go through the family court system in order to get a ruling on a divorce settlement.
Healys’ family lawyers in the heart of Brighton
Healys’ Brighton offices are situated opposite the Brighton Pavilion, with excellent transport connections from throughout the South of England. We are also sited just a stone’s throw from the Brighton County Court and the court’s family centre which means we are on hand to respond quickly and effectively whenever needed in a crisis.
Our family lawyers in Brighton have many years’ experience in representing clients in court and offer a top-class, client-focused service to spouses who need representation during adversarial litigation.
However, there are a number of ways in which spouses can seek to avoid going to court, and, where appropriate, all Healys family lawyers will adhere to the code of ethics held by Resolution, so as to conduct family disputes in a constructive manner which always considers the needs of the whole family and, in particular, seeks to ensure the best interests of children.
Avoiding a visit to the family court
Taking a divorce case to court will ultimately prolong the length of time it takes to have everything settled. Although some couples may actually receive their decree absolute (the final court-ordered dissolution of the marriage) before the court case has finished, if all arrangements regarding the divorce settlement cannot be agreed, the court proceedings will lengthen the whole procedure considerably and increase the costs exponentially.
To avoid the need to go to court couples may want to negotiate a preliminary agreement before they go to their divorce lawyers, this can then be looked at carefully so that each legal professional can ensure fairness. If an agreement cannot be reached, the couple may wish to seek mediation through a professional independent third party – family lawyers usually have local contacts and can help to set up these sessions.
Although, it is always advisable to have the guidance of a divorce solicitor, particularly where there are large assets to consider, such as the family home, savings and pension pots, some couples do manage to sort everything out without a lawyer. However, this can be risky because once the divorce settlement is ruled on by a judge it may be difficult, or even impossible, to alter an the terms at a later date.
By talking to professionals, such as Healys’ family lawyers in Brighton you can help to ensure that your best interests, and those of your dependents, are maintained.
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