What’s Right For You

What options are available to you during divorce?

There are different options available to you when getting a divorce. It’s essential to understand how the processes differ so you can choose the right path for your circumstances.

Arbitration

You and your partner can choose to appoint an arbitrator. Any decisions made by the arbitrator are final and must be adhered by both parties in the divorce. Your arbitrator will deal with all stages of your divorce from start to finish.

This option enables couples to resolve their disputes in a more flexible and less formal setting. It can be more cost effective than going to court. Find out more information about the benefits of arbitration on The Institute of Family Law Arbitrator’s website.

Collaborative process

This is where you and your spouse appoint a collaboratively trained lawyer each, and you all meet together to work things out face to face. You will also have the option to work with a financial adviser, a family consultant, a child specialist or an accountant to make up your collaborative team. They will all provide support and assistance on a range of issues throughout the divorce process.

An agreement is signed that commits you to find a resolution without going to court. It also prevents your collaborative team from representing you in court.

Do it yourself

This may be an option if you and your spouse have agreed to part and remain on good terms and you don’t have any finances or other arrangements to resolve. However, divorce can be complicated and deciding to represent yourself should not be taken lightly.

Ensure you understand all the legal implications and what the process involved will be. You may want to consider speaking to a legal professional at the beginning to ascertain whether this is an appropriate choice for your circumstances.

Going to court

If you cannot reach an agreement with your spouse, you may decide to go to court. Before you can issue a court application, you will need to have first attended a Mediation Information and Assessment Meeting. Unless you are exempt from doing so.

Potentially the court can make final decisions and issue a court order based on what the judge thinks is fair in your case.

Lawyer negotiations

This is where you appoint a lawyer who negotiates on your behalf with your spouse’s lawyer. This option provides you with independent legal support throughout the process.

Mediation

This where you and your partner work with a trained professional called a Mediator to reach agreement on divorce arrangements. A mediator is entirely impartial and cannot provide either of you with advice. You may wish to seek legal advice independently alongside mediation. You can find more information on the Family Mediation Council website.