Debunking the Myth: You Need to Go to Court to Get a Fair Divorce
In the realm of divorce, one prevailing myth holds significant sway: the belief that a fair divorce settlement can only be achieved through contentious court battles. This misconception often leaves divorcing couples feeling trapped between bitter litigation and surrendering their rights. However, as experts in amicable divorce proceedings, we’re here to dispel this myth and shed light on a more peaceful and equitable path forward.
The Myth: Court is the Only Avenue to Fairness
Many divorcing couples believe that the only way to ensure fairness in financial division and/or child arrangements is by litigating their case in court. This belief is fuelled by sensationalised media portrayals and anecdotes of acrimonious divorces dominating headlines. Consequently, couples may feel compelled to brace themselves for a protracted legal battle, fearing that any attempt at an amicable resolution will leave them shortchanged and vulnerable.
Debunking the Myth: The Power of Non Court Dispute Resolution
Contrary to popular belief, court proceedings are not the only—or even the most effective—means of achieving a fair divorce settlement. In fact, for couples committed to amicable separation, non court dispute resolution (NCDR) methods such as mediation, joint legal advice and arbitration offer a wealth of benefits.
- Mediation empowers divorcing couples to take control of their futures by engaging in facilitated negotiations with the guidance of a neutral mediator. Unlike courtroom battles where decisions are imposed by a judge, mediation encourages constructive dialogue and mutual compromise. By working together to craft personalised solutions, couples can reach agreements that prioritise their unique needs and interests.
- Joint legal advice (often called One Couple One Lawyer) is an excellent way for divorcing couples to find out what is legally fair without having to take adversarial or positional stances. A lawyer instructed by them both can advise as to what a Judge would regard as fair, and why, enabling them to cut straight to the answer. Many couples are then able to settle, avoiding the need for fraught and stressful negotiations.
- Arbitration offers an alternative to traditional litigation, providing a more streamlined and private dispute resolution process. In arbitration, a neutral arbitrator—a legal professional or subject matter expert—reviews evidence, hears arguments, and renders a binding decision. While less adversarial than courtroom proceedings, it still involves an outcome being imposed upon you by a stranger, so it’s always worth trying other NCDR methods first, to retain control of your own family affairs in you can.
The belief that court battles are the only route to fairness is a pervasive myth that can lead couples astray. By debunking this misconception and showcasing the effectiveness of NCDR methods, divorcing couples are empowered to pursue amicable separations that prioritise cooperation, dignity, and long-term well-being. If you’re ready to embark on a peaceful path forward, free from the constraints of adversarial court proceedings, we’re here to guide you every step of the way.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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