Lockdown has been incredibly difficult for those in happy relationships but, even more so for those that were unhappy before or, who have experienced a downward spiral during the COVID-19 pandemic.
It is easy to see how relationships in all households become fraught when you are forced to spend 24/7 with each other, with little space apart. Added to that are the extra pressures that the pandemic has brought such as employment worries, family finances, home working and home schooling.
Deborah Marsh, associate and collaborative lawyer in Wake Smith’s family team looks at the repercussions of lockdown and the options for those who’ve decided separation is the way forward.
She said: “It is a sad reality that, for some, lockdown will have cemented the need to bring an unhappy relationship to an end. This is a particularly hard decision for anyone, but, especially couples with children.
“For some lockdown will have been so unbearable that they need strong legal representation and, for others, it will be a decision mutually made with a desire to deal with the separation as amicably as possible. At Wake Smith our expert family team can advise no matter what your circumstances.
"Divorce and separation can be a difficult decision at any time, and often couples have already considered separating for a number of months before they begin the process.
“A good lawyer will seek a negotiated settlement for finances and arrangements for children, wherever possible.
“In some circumstances, a more formal process is required to help the parties reach a settlement.
“If you choose to pursue a collaborative divorce or separation both parties will need to hire legal representation with the goal of negotiating an out-of-court settlement.
“Rather than represent individuals in court, collaborative lawyers, like myself, work together with our clients to facilitate the exchange of information and documents and ensure cooperative negotiating on issues of child arrangements and property distribution.
“A collaborative divorce or separation may make sense for you if the decision to separate is mutual; you both agree to the collaborative process; you both agree that your solicitors will not represent you in any litigation; you are willing to share all relevant documents and information with each other, with the aim of obtaining the best possible arrangements financially and for the children.”
Collaborative law involves the parties and collaborative lawyers all sitting around a table rather than letters going to and from and offers several benefits, including:
- Co-Parenting - Less conflict and more communication reinforcing co-parenting and allowing the parties to communicate effectively moving forward, extremely beneficial for children adjusting to a divorce or separation and, enabling them to move freely between their new parents’ homes moving forward.
- Control - Both parties have a great degree of control over the content and outcome of their collaborative meetings. Whereas in litigation or arbitration, judges or arbitrators make the decisions with little prospect of appeal if felt unfair.
- Efficiency - More flexibility for each party’s schedule which is generally much faster than court. Cases can often be resolved in a few months, instead of several months to a year but, the process goes at the parties’ pace and is not dictated by a Court set timetable.
- Informality - Less stress due to the flexible, informal setting.
- Support - Parties often feel much more supported in a collaborative setting as all are working together to find the best possible solutions and outcomes.
Deborah added: “If you don’t feel collaborative law is a suitable option for you our expert family team can advise on the many other options available such as assisting you through mediation, solicitor negotiation, arranging arbitration or private financial dispute resolution and, if Court proceedings prove necessary, we provide robust and strong representation.
“There are many options to explore and how you want to proceed requires very careful consideration. Just give us a call to talk through your situation and what options best suit your individual circumstances in the strictest confidence.
She added: “Wake Smith has remained open during lockdown and offered telephone, and now virtual consultations, ensuring we are easily available to those needing legal advice throughout this difficult time.
“The process can be made that bit less stressful when you can access all of the advice you need in one place.
“As well as family law, we can also provide expert advice on Wills and estate management plus business advice and house sales and purchases.”
To book your free 30 minute consultation call Deborah Marsh at Wake Smith Solicitors on 0114 266 6660.
If you feel like the collaborative process is an option for you then please click here to see our article ‘Collaborative Law - the right approach at the start or end of a relationship’,
