The Changing Face of Resolution of Family Law Disputes
When couples separate, many still think that the only way to resolve their disputes is to make applications to the Courts. Family Law Solicitor & Mediator Adrian Rose discusses the changes in the resolution of family disputes in his latest blog…
Whilst that might have been true a generation or so ago, much as the structure of families has changed and evolved and are now very different, there are many different ways to resolve disputes or, even, to avoid them in the first place.
The role of family justice professionals remains central to this but now, and as result of changes in the law that came into effect on 29th April 2024, the emphasis will not be to make applications to the Family Court but in fact to positively discourage that. The senior judge for the family court for the Midlands has recently issued an open letter asking couples to think of better ways to help each other and their children through what will inevitably be a difficult time.
What options do couples have when they separate?
Firstly, it might sound obvious, but they can reach an agreement themselves – whether that is in respect of their children or their money. If they wish then to convert that into a legally binding arrangement, lawyers can be asked to do that for them.
Secondly, they can ask lawyers to help them with areas of disagreement and negotiate agreements for them. This remains the most common way of resolving family law disputes and ensures that the couple understand the terms and effect of their agreement before they enter into it.
The major changes come at this point. If agreements aren’t possible, applications to court usually come at this stage. Many people know that for some years couples have been required to try family mediation before going to court but many still don’t do that. As a result of the changes, this requirement will be more strictly enforced. The Judge said;
‘Your mediation provider will give you a wealth of information about various means of resolving disputes outside of court. There are lots of different ways mediation can work to help separating parents reach agreement. It does not necessarily mean face to face meetings between you and your former partner. If mediation is assessed to be appropriate in your case, I would urge you to engage in the process not only to resolve the current difficulties but to help equip you with the necessary tools to resolve issues in the longer term.’
Judges who deal with family law cases are checking that the requirements are being complied with and can and will pause cases where they have not been or may even order one party to pay the other’s legal costs if alternative to court are unreasonably refused.
As with modern families, these are options are not a one size fits all approach.
Some couples may feel that they need the support of lawyers in meetings with each other. Here the couple might think about resolving disputes under the collaborative law process, where each party has their own lawyer with them in round the table meetings and commits to resolve disputes without going to court, or under the Resolution Together process where they receive advice from one lawyer together and work with them jointly to achieve their outcome without conflict.
How Can Timms Help?
It’s important to find the right option for you and your family. At Timms, we offer the full range of family law services and one of our experts will be happy to help you find the best option for you and your family. For further information call us on freephone 0800 011 6666 or contact us via email legal@timms-law.com.
April 2024