Debt in divorce

Photo credit Johanna Hardell

Statistics* also revealed that the number of couples attending out-of-court sessions to resolve family disputes since cuts to legal aid were introduced had already fallen by nearly 40%. So what are your options to reduce the cost of your break up?

• Mediation
  Mediation is now compulsory before you can make an application to the court for a financial order. Mediators are trained to help resolve disputes over all issues for separating couples and will identify the issues you can’t agree on and help you to try and reach agreement. Mediators can’t give any advice and their decisions are not legally binding. This is probably one of the most cost effective ways to deal with your matrimonial proceedings where finances are involved.
• The Collaborative process
  Under the collaborative process, each person appoints their own collaboratively trained lawyer. Both parties and your lawyers sign an agreement that commits you to trying to resolve the issues without going to court. You and your lawyers will all meet together to work things out face-to-face. Using your lawyer throughout the process  means you will have their support and legal advice as you go.
  See our factsheet which explains the collaborative process further.
• Arbitration
  You and your partner can appoint an arbitrator, who will make a decision that will be final and binding between the parties, on any financial and property disputes arising from family relationships.

* Compiled by the Ministry of Justice published in September 2013