The breakdown of any meaningful relationship, whether that be a marriage or long period of cohabitation, can be a traumatic, emotionally draining and stressful experience.
All the energy and effort expended into that relationship, often over many years, dissipated and lost in blink of an eye.
It is at this moment in time when emotions and feelings of anger, hurt and resentment can often take over, thus clouding even the most previously rational and objective person’s views. Unfortunately, it is also at this time when the difference between a protracted and hugely expensive separation and a focused, cost effective separation can be affected.
Having the ability to focus on moving forward and constructively consider the financial implications of a breakdown of a marriage, or a relationship, is often not something that can be done easily or without assistance. It often takes someone who is able look objectively at matters, and without prejudice to either party, to be able to manage the parties’ expectations when considering such implications.
With the recent changes to the Family Justice System in April, which sees the introduction of mediation as a compulsory step before Court proceedings, it is becoming clear that couples are being encouraged to move towards an amicable resolution as quickly as possible.
Is this a good thing? Or should couples be more minded to take their time and fully ensure that every possible outcome and settlement has been explored? Our family law team believes the answer lies somewhere in between:-
“whilst it is important that the often complex financial issues, as well as in many cases children issues, are resolved as swiftly as possible to alleviate the stress and anxiety of separation, it is still imperative that parties receive a fair and reasonable settlement to meet each other’s, and most importantly, the children’s needs. Mediation is no doubt a useful tool, however, a mediator is not able to give the parties any legal advice as to whether the agreement reached is in their best interests, and this is where the expertise of a family lawyer will be of most benefit. An over reliance on mediation to settle matters in order to save costs could lead to many people not getting the full legal advice required, often leading to settlements whereas if matters were before a Court or through guidance of a solicitor, one party maybe receiving less than they would be entitled to. A balance needs to be struck between the client receiving expert advice, yet the matter also being dealt with as quickly as possible. All the family lawyers at Josiah Hincks are resolution focused from the outset and always strive to ensure the client obtains the best advice in order to secure the best possible outcome in the most expeditious manner”
We at Josiah Hincks have specialist family solicitors with many years of experience in dealing with the financial implications of a breakdown of a marriage or relationship. We are also able to offer reduced fees for those with lower incomes who may think they cannot afford the specialist advice of a solicitor that they require.
For any further information or advice on any family law matters please contact one of our family law solicitors on 0116 255 1811 or in your local office.
