The following options, or combinations of these options may be suitable for you:
Solicitor Negotiations
If you don’t feel able to engage directly with your spouse or partner then we can do this for you. We aim to work constructively and proactively with your former partner or their solicitors in order to achieve a settlement that works for you. We will always try and speak to the other solicitors/parties where possible, either on the telephone, or using round table meetings, rather than resort to inflammatory ‘tit for tat’ correspondence which does not help cases to settle. We believe it is important to have good, constructive relationships with other solicitors which in turn helps keep your costs down. We will deal with all the exchange of financial information that is necessary, and advise you about how to make offers to settle your case.
Collaborative Law
If you would like to be involved in direct negotiations with the support and assistance of a solicitor, then collaborative law may be suitable for you. How it works is that both parties have their own lawyer, and negotiations take place using round table meetings with both parties and their lawyers (and often other professionals such as accountants and financial advisors). There is minimal written correspondence which can often raise the temperature in family cases. This way of working encourages a non-adversarial approach, but clients feel supported with a lawyer by their side. There is an incentive for all parties, including solicitors, to reach a financial settlement, because if negotiations break down then clients have to find alternative legal representation if they want to start court proceedings.
As part of the negotiation process your lawyer may suggest you use the following:
Early Neutral Evaluation (ENE)
In cases involving your joint finances, ENE may be appropriate where you and your ex-partner have reached an impasse in your negotiations and some independent input could help you to find a way forward. You and your ex-partner choose an evaluator, usually a specialist family lawyer, to read through the relevant papers in your case and provide an evaluation of what the likely outcome would be, were you to issue court proceedings. This impartial steer could help you to reach an agreement and avoid costly court proceedings.
Private Financial Dispute Resolution (pFDR)
This is an alternative to a court hearing. You both appoint a private FDR ‘judge’, usually a specialist family barrister or solicitor, to evaluate the issues in your case and provide an independent indication on a fair financial settlement. Usually there is a ‘hearing’ before the judge when both parties, through their lawyers explain what they think a fair outcome should be; this mirrors what happens at the family court: the judge cannot decide your case but they will give you a strong steer which can help you to reach a negotiated agreement. The private FDR can last all day if necessary, and the advantage over the family court process is that judge has the time, and expertise, to devote themselves entirely to your case, rather than having to deal with other cases at the same time. It is therefore a particularly suitable approach for more complex cases.
The success rate of private FDRs is high, and settlements are usually reached at this stage.