It is hard when a relationship breaks down. There are so many important things to consider. This is particularly true where there are finances at stake. Making a mistake or forgetting about something can have serious consequences for the future and often you do not get a second chance.
Emotions are running high and it is not the best time to make important decisions on a logical basis just after an acrimonious split.
There will be no point looking back a few years down the line and wishing you had acted differently. Your chance will have gone and you may be financially worse off as a result.
You need help to get you through a difficult time. Moral support can come from friends and family but one of the most important decisions you have to make is picking the right Family Lawyer to steer you through the uncharted waters and make sure that you are not disadvantaged and you receive your fair share of the financial pot.
Fair is often equal although sometimes you might be entitled to more than you think, depending on the circumstances of your case and that is where having an experienced Family Lawyer is so important.
In financial cases the aim is to try and negotiate a financial settlement and enter into a Minute of Agreement which is a binding contract which sets out the terms of any deal that is reached.
If an agreement cannot be reached the case has to go to court and a Sheriff (Judge) will hear the case and make a decision.
In either situation you need a Family lawyer who is at your side every step of the way and who is able to advise as to whether the deal is good for you or if you should take your chances with the court.
Negotiations and possible court actions can last a long time. Certainly many months and sometimes even years.
It is important to build a good working relationship with your Family lawyer. Some clients may like formality, others may prefer their lawyer to be more approachable. You definitely don’t want to feel apprehensive about contacting your lawyer. You want to feel they are on your side, will fight your corner and help you get the best outcome for you.
And, crucially, you want your lawyer to keep in touch. Your case is so important to you and you want that reflected in the Family Lawyer’s attitude and response time.
At Rooney Family Law we are extremely conscious of the importance of the Solicitor/Client relationship and our experienced accredited lawyers will go out of their way to provide you with an excellent service.
Having said that, picking your Family lawyer is important so is picking the right process for your case.
Are you happy to negotiate a financial settlement with your former partner? Would you prefer to go to court? Maybe you could Mediate. There are a number of options available and it is important to pick the best one for your situation.
Your Family Lawyer will explain the various options such as;
- Negotiation
- Litigation
- Mediation
- Collaboration
- Arbitration
Which process will work better for you will depend on a number of different factors. Mediation and Collaboration both involve an element of interaction with the other party are not so suitable for high conflict cases. Litigation tends to be the most expensive and is often only used as a last resort when the other forms of negotiation have failed. Arbitration is a less formal form of litigation.
Both litigation and arbitration involve someone making a decision because you and your partner can’t.
Mediation and Collaboration allow you to come to your own decision.
It is important to pick the right process at the beginning of your case. Your Family Lawyer will help you with this by providing an explanation of each process and advising which is best for you.
At Rooney Family Law we have Family lawyers trained in Negotiation, Litigation, Mediation and Collaboration.
Contact us to find out which process is best for you.
Tags: Arbitration, Collaboration, divorce, Litigation, Mediation, Negotiation, picking a lawyer