Choosing the right process

Choosing the right process for you

There are many different options for getting a divorce. We understand that it may feel scary or overwhelming, so we have written these pages to outline your options. It is a good starting place for you to start thinking about which option might be right for you and your family. Our members can talk you through all of these options and help you make the right choice for you and your family. 

Below is a list of all the options you may want to consider. Remember, you can contact a Resolution member for advice about your options for divorce. 

Arbitration

In family arbitration you and your partner appoint an arbitrator, who will make a decision that will be final and binding between the parties, on any financial and property disputes or some child-related issues arising from family relationships.

Collaborative practice

Under the collaborative process, each person appoints their own collaboratively trained lawyer and you and your respective lawyers all meet together to work things out face to face. Both of you will have your lawyer by your side throughout the process and so you will have their support and legal advice as you go.

'Do it yourself'

Negotiating your own agreement, with or without professional support, can be the cheapest way to a settlement and at first glance can seem the easiest. However, it can be a complex process with many aspects you and your partner will need to consider, and so it is not suitable for everyone.

Going to court

If an agreement cannot be reached, an application is sent to the court, although this sometimes happens right away if there are urgent issues to be resolved.

Lawyer negotiations

You appoint a family lawyer who focuses on your interests and who negotiates with your partner’s lawyer. Outcomes often depend largely on what these lawyers expect would be the result of any eventual court process.

Mediation

Mediators are trained to help resolve disputes over all issues faced by separating couples, or specific issues such as arrangements for any children. A mediator will meet with you and your partner together and will identify those issues you can’t agree on and help you to try and reach agreement.