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Using a solicitor for out of court divorce settlements
When going through divorce and separation, it is important you have the right team of people around you for support and guidance. Your lawyer is a key part of this team and will provide invaluable advice on your divorce and separation journey.
At Stowe Family Law, we focus on resolving any disputes with a constructive and collaborative approach, keeping your and your family’s best interests at the heart of decision making.
Our expert family lawyers are on hand to take you through every step of the divorce negotiation process, providing tailored advice for your unique case.
What are the benefits of lawyer negotiation?
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Cost-effective |
Out of court divorce negotiation can be more cost-effective than taking your case to court and you can continue negotiating between yourselves, or with another form of NCDR, at the same time to keep costs down. |
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Quicker |
The process can be much quicker than going through court. The backlogs in the Family Court mean significant delays, during which time you could already have come to an agreement through solicitors. |
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Builds a better foundation |
Particularly where children are concerned, lawyer negotiation can provide a stronger foundation for a better co-parenting relationship. |
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Limits conflict |
Divorce negotiations can be tense and emotions can run high. A lawyer will take this on for you and be the buffer you need to help process the practicalities and emotions without you needing to also undertake the negotiations. |
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Out of court divorce negotiation
In an ideal world, you and your ex would be able to agree on the matters around your divorce together, including the division of your finances, and arrangements for children. However, we know that this is not always the case.
Separation and family breakdown come with a great deal of emotion which can make it difficult to agree. If this is the case, you may need someone to step in to help guide your divorce negotiation and provide you with the advice you need.
read moreSometimes, the intervention of the Family Court is necessary. However, avoiding court proceedings can reduce the time and cost for everyone, help avoid rifts developing between the parties and benefit future communication and relationships.
There are several methods separating couples can engage with in order to keep their case away from the court, where it is safe and appropriate to do so. Lawyer negotiation is often one of the first ports of call.
Lawyer-led divorce negotiation is a non-court dispute resolution method (NCDR) that enables you and your ex to come to an agreement with the support of your individual solicitors. Couples who struggle to negotiate directly with their ex-spouse often find the process much smoother when there is an expert navigating the issues on your behalf.
Lawyers can also support with other non-court based methods, including mediation, and mediation legal support, collaborative law, arbitration and financial dispute resolution, including private financial dispute resolution (pFDR).
Meet our expert out of court negotiators
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Why choose Stowe Family Law?
As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.
We are proud to be rated ‘Excellent’ on Trustpilot. Check out our reviews to see what our previous clients have said about our service.
We feature in The Legal 500 rankings and are fully authorised and regulated by the Solicitors Regulation Authority (SRA).
We keep you informed. Take a look at our support section, which features a range of helpful guides, focusing on important topics including finances and mediation.
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Let's ask Ms H G
Ewan explained a difficult process in a way I understood.Let's ask Ms M
I was looking to relocate to another City in the UK with my child and unfortunately this created significant challenges with my ex-partner. I had never sought legal advice before but Joanna and her team put my mind at ease, and talked me through the process every step of the way, meaning that I clearly understood all of the options available to me.… Read more During a highly anxious and emotional time for all parties involved, I could always rely on Joanna to give clear guidance and support. Thank you Joanna.Let's ask Anon
The team you manage have been fantastic with my cases. I moved solicitors and I was very nervous at whether I had done the right thing as it was a big decision. But after meeting Jake and how he listened to me and his no nonsenses attitude which I needed, I felt a lot more at ease. And his quick turnaround to take my cases on to putting a CAO in pl… Read moreace last Friday that Ella sorted out for me and kept me in the loop all the way until it was filled with the court. And today Michelle for jumping straight on things while Jake was on leave and getting Ella to deal with the issue where I found my wife was trying to sell sentimental items on Facebook marketplace. Ella quickly responded and dealt with the situation in my opinion perfectly, and the items have been taken down by her now, again she kept me in the loop every step of the way which I really need at the minute. You have an amazing team and I feel very well looked after and I now believe I will get what I and my girls need through all this I know it will take some time, but I have faith in your team you have and trust them.Let's ask Legal 500
I could trust them, implicitly, with the most emotionally difficult situations. The solicitor I used (Sebastian Burrows) honestly gave the best advice, the most honest cautions and was always able to help with every worry.Let's ask Mr S
...I must mention I’ve contacted over 5 solicitors. You are by far the most efficient and have sent me so much information within 24 hours. I feel really comfortable using you as my son is my world and you have shown support already.Let's ask Legal 500
Alice Wightman is listed as a key lawyer.Let's ask A P
I received very prompt sympathetic and trustworthy advice from Stowe. My divorce was complicated by child protection issues and Stowe out performed the other side and enabled the correct and fair conclusions to be drawn. I would highly recommend.Common questions about out of court lawyer negotiation
Common questions about out of court lawyer negotiation
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How does lawyer-led divorce negotiation work?
When you have chosen a lawyer, you will have an initial meeting with them to discuss the facts of your case and inform them of your priorities. From this meeting, your lawyer will have a clear picture of how to proceed and what your ideal outcome would be.
Watch our video on preparing for you first lawyer meeting.
Your lawyer will then engage directly with your ex-spouse’s lawyer to discuss the issues you have raised. This may be through letters, phone calls, draft documents or even face-to-face meetings. They will keep you updated with any important information, and what you may need to provide in order to move the negotiations forward.
For example, you will most likely need to exchange financial disclosure with your ex, through the completion of Form E. This will allow your lawyer to have all of the relevant information to advise you fully.
The ideal outcome is that you come to an agreement, which can then be drafted into a financial consent order or a child arrangements order, to be made legally binding by the court.
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Can my lawyer negotiate if I am also engaged in mediation?
Lawyer negotiation can take place alongside any of the other dispute resolution methods you and your ex are engaging with. For example, you may be going to mediation sessions, but in between these sessions your individual solicitors can advocate on your behalf in negotiation and advise on your position.
Some couples also maintain lawyer negotiation when their case is going through the court process, as it is a more cost-effective method of reaching agreements, whilst having a court-timetable in place to ensure matters are resolved in a timely matter.
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When is lawyer negotiation not appropriate?
Lawyer negotiation is generally considered appropriate for most cases, and it can also be suitable in some cases where there has been alleged domestic abuse.
However, it can be inappropriate where there are problems with financial disclosure or issues with valuations, or where there are serious welfare and safeguarding concerns. If you are unsure as to what will be suitable for your situation, please speak to an expert family lawyer.
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What happens if we still can’t agree?
If you are unable to reach an agreement, there are alternative NCDR methods available, including mediation, arbitration, or a private financial dispute resolution hearing.
If none of these result in a final agreement, you may need court intervention. Your lawyer will be able to guide you as to what this involves.
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