Question 1

One couple one lawyer approach

Accepted Answer

We are now offering a one couple, one lawyer approach, where one of our experienced lawyers can help both you and your partner to come to a resolution together. Legal advice is  provided jointly, instead of the traditional approach of having two separate lawyers.
Relationship breakdown can lead to separation. Many clients however, seek to maintain trust and respect towards one another.  They also want to work together to discuss and agree what is best for the future of their family and children. If this sounds like you, then you may want to consider this new approach. The key difference with the process is that it can avoid unwanted conflict and allows you to focus on the best interests of the family. This way of working is very personal and works around you both, rather than for yourself individually.
The foundations of your relationship can be maintained and this approach enables you to reach a binding agreement on amicable terms. Another benefit is that legal costs can be managed appropriately as these are shared between you both.
If this sounds like it could be the right approach for you and you want to find out more, please click here to find out more or contact us. E: family@awdry.law

Question 2

No Fault Divorce

Accepted Answer

Previously, when going through a divorce, you had to prove one of ‘five facts’ to establish the reason of the breakdown of the marriage &#8211; unreasonable behaviour, adultery, 2 years’ separation with consent, 5 years’ separation, or desertion.
These ‘facts’ rarely fitted into the actual reasons for the breakdown and left many couples feeling resentful. This then impacted on communication throughout the process.
What&#8217;s changed?

It is no longer necessary to rely on one of the ‘five facts’ to prove that the marriage has broken down.
The possibility of contesting the divorce has been removed. This means a statement of irretrievable breakdown cannot be challenged or dismissed.
There is now an option to make a joint application for divorce, should you wish to do so. This can reduce animosity and acknowledge a couples’ joint decision.
The language used in divorce proceedings will now be in plain English. Decree Nisi (confirmation that you are entitled to a divorce) will now be known as a Conditional Order and Decree Absolute will be known as the Final Order.
The new time period from submitting a statement of irretrievable breakdown will be 20 weeks. This allows the parties time to agree practical points surrounding the separation, such as child arrangements and finances. Once 20 weeks has elapsed a Conditional Order (previously Decree Nisi) can be applied for.
From the date of the Conditional Order there is an additional 6 week period before a Final Order can be applied for. This will then dissolve the marriage or civil partnership.

Question 3

Round table meetings

Accepted Answer

At Awdry Law, our focus is to find solutions, not problems, so that complex and difficult issues can be resolved. We make all attempts to resolve matters in a non-confrontational way, away from the Court. By focusing on solutions and taking a proactive approach, we aim to resolve disputes effectively and as soon as possible.
A round table meeting provides an opportunity for both parties and their lawyers to work together and to see if an agreement can be reached; the benefit being that matters can be concluded, without the need for Court Proceedings and a high level of letters back and forth between Solicitors / Lawyers.
Specific issues can be discussed and this is an opportunity for you both to come to an agreement, with the benefit of legal support and advice during the meeting.
Your lawyer will discuss with you whether this would work for you and will support you in achieving the best outcome for you and your family.

Question 4

Mediation

Accepted Answer

Mediation is a way of sorting any differences between you and your ex-partner, with the help of a third person who won’t take sides. The third person is called a mediator.
If you do end up having to go to Court, you may need to prove that you have been to a mediation information and assessment meeting (MIAM), which is a meeting to explain what mediation is and how it can help you.
There are some exceptions to this, such as if you are a victim of domestic abuse. If you require advice about the process involved, we can advise you and help with completion of relevant forms. We can also discuss whether this process would work for you.

Question 5

Court proceedings

Accepted Answer

At Awdry Law, we support a non-confrontational and cost effective way of working. We will explore what works best for you and support you throughout the process. We do however appreciate that it is not always possible to reach agreement away from Court, and sometimes Court assistance is needed.
We have robust and experienced lawyers who can present your case in such a manner, be that when trying to reach a Financial Settlement or if the Courts’ assistance is required regarding arrangements for the children.
We will explain what to expect, timescales and cost. We will help you draft applications, statements and Court documents.

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