By Louisa Bestford, senior associate in the family law team at Hay & Kilner.
Just as every family is unique, so are the circumstances of its separation.
When a marriage ends, we support our clients by adopting an approach to meet their needs. We recognise one size does not fit all and have a wealth of experience within the department to enable us to offer bespoke guidance and advice.
There have been significant recent changes in divorce law, the primary purpose being to reduce acrimony between couples by eliminating what is often called the ‘blame game’.
The separation of a family or couple is naturally one of the most difficult situations they will ever face.
However, ‘no fault divorce’ has often opened a gateway to more effective negotiations about financial matters and children.
We have specialist expertise within the team to guide you through divorce using various approaches. We currently offer a collaborative approach, the opportunity for both parties to be represented by one solicitor together or, most commonly, separate representation.
The collaborative approach is used where a couple wish to work together constructively to resolve issues arising from their separation while having their own collaboratively trained lawyer present to steer discussions and provide advice when needed.
Everyone agrees at the outset not to involve the court, other than to obtain a final order setting out the terms of the agreement reached, and parties work together, at their pace, to agree matters arising from the breakdown of the relationship.
With the dawn of no-fault divorce, we are seeing an increasing number of divorces and separations where both parties instruct the same solicitor through the new process of ‘Resolution Together.’
Hay & Kilner is one of the few North East law firms to currently offer this approach. It is not suitable for every couple, so to determine whether it is, an initial screening is carried out which examines each person’s individual viewpoints and priorities and considers whether both are truly willing to work together to achieve an agreement.
If circumstances change, you can always change track to a more traditional approach.
We are delighted to offer bespoke methods of working, but the great majority of cases still follow the traditional route of both parties being represented separately and negotiations being conducted between the parties’ respective specialist solicitors.
Many clients want someone on their side as they may be vulnerable during separation and constructive discussions are not an option. Assets can be very complex and difficult to untangle without the necessary expertise.
Often, our clients simply want the matter taken out of their hands, so they can focus on coming to terms with the end of their relationship. In these situations, collaborative methods are unlikely to be appropriate.
We take the time to fully understand you, your situation and your priorities to ensure we can provide you with practical advice and services in a sensitive way tailored to your personal needs, no matter what they may be and what has led you to divorce.
We match you with the member of our team with the most appropriate skills and experience for your situation and they will work closely with you to guide you carefully right through from your first meeting through to finalising a settlement.
Alongside advising in relation to separating families, we are also asked for assistance with protective planning. Pre-nuptial agreements (‘pre-nups’) and co-habitation agreements should be considered by couples taking their relationships to the next stage. Both documents record how the couple intend to treat their assets if things don’t work out.
Preparation of this type is not always attractive, but however much you hope it won’t ever be required, this can make a huge difference in the long term and is often ideal for a collaborative approach.
Our family team can offer specialist advice over a broad range of other areas, including matters arising in relation to children.
We take a holistic approach in every case, fully considering all the issues, and will always recommend managing your family situation in the most appropriate way.
The breakdown of a relationship is never easy, but with the right people on your side, we aim to make it as smooth and manageable as possible.
For further information on how Hay & Kilner can help you with divorce and separation issues, please contact Louisa at louisa.bestford@hay-kilner.co.uk or on 0191 232 8345.