Out of Court Lawyer Negotiation

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.

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.

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.

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.