Elements To Consider
Having made the difficult decision to end a relationship, one of the big questions that remains for parties is how best to come to a fair and reasonable agreement with their former partner. This is particularly the case if you have children and you and your former partner are going to need to co-parent into the future.
There are many elements to consider. Not only do you want a fair agreement, you want:
to reach a conclusion in a timeframe that suits you
have a process that is as cost effective as possible, not disproportionate to the assets involved, or the child care issues you need to solve
have a real impact on just how your settlement unfolds
have as much input as possible and be as in control as possible
Whatever your private feelings about your former partner, you know that you need to work together now, albeit in a very different way, to reach a sensible and swift outcome.
Your solicitor has told you of the perils of the Court System:
Court is massively underfunded and inordinately slow
Court Process will not take into account your personal needs or those of your children and Court fixtures and Court dates will rarely be arranged to suit you or your legal team
There is a very real risk that the Judge you come before at any of the stages of the Court Process will not necessarily be an expert in the area of law relevant to you eg. you might find planning lawyers step in as judges in family matters; Tax QC’s try to assist in complicated children’s issues and Deputy District Judges often simply do not have the skills to assist.
These are not insignificant hurdles for separating couples, you have a real quandary facing you. Understanding this quandary has led to a group of Lawyers, Arbitrators and Mediators working together to develop a solution – The Certainty Project.