Resolving Divorce and Separation Disputes

Navigating a divorce, or separating after cohabitating, amicably is not always an easy task.

Divorce separation solicitors — dispute resolution
Claire Christie - Legal Director of Family Law

Claire Christie

Head of Family Law

haddington

[email protected]
Garden Stirling Burnet Staff

Rebecca Duncan

Business Support Administrator

haddington

[email protected]
Garden Stirling Burnet Staff

Sophie Greig

Solicitor

haddington

[email protected]
Garden Stirling Burnet Staff

Lesley Holburn

Secretary/Legal Executive

haddington

[email protected]

At Garden Stirling Burnet, we recognise this, and the complexities involved. Our team of highly experienced divorce solicitors is here to make the process as smooth as possible for you and your family.

Together, we will look at your specific circumstances and provide bespoke and clear advice so that you and your spouse can move forward with a resolution. Our goal is to ensure a positive outcome for everyone involved, particularly any children in the relationship.

Whilst we always recommend prenuptial and postnuptial agreements, to mitigate the complexities of a separation, we recognise these aren’t an option for all. However, we prioritise amicable solutions to your separation, and will always try to resolve matters where possible through mediation and negotiation to make the process as simple as possible.

However, should the situation reach court, rest assured that we will represent you and work tirelessly to secure the best possible solution.

Services we will discuss with you may include:

Implementation only Minute of Agreement

Separating couples are increasingly coming to a resolution between themselves with the benefit of legal advice.

If you can agree on what is to happen with your assets and/or child-related matters, we will help you put a legally binding Minute of Agreement in place which ensures everyone sticks to what has been agreed.

Solicitor-Led Negotiations

Solicitor-led negotiations are traditionally the default way in Scotland to resolve disputes around separation and divorce, with the aim of reaching a legally binding agreement across all issues.

Here, parties are represented separately with their solicitors entering an exchange of financial information before capturing the decisions in a Separation Agreement.

Negotiations do not need to occur face-to-face, and can proceed even if one party is unrepresented.

Alternative Dispute Resolution Options

Alternative dispute resolution can be an ideal way of bringing matters to a swift and amicable conclusion, depending on your circumstances.

Our expert team will help guide you to the most appropriate solution.

Mediation

If you are interested in resolving issues related to your separation from a civil partnership or divorce directly with your spouse or partner but require assistance, mediation can be a valuable resource.

Participating in a session with a skilled mediator aims to facilitate constructive discussions, ultimately working towards a mutually agreeable resolution based upon common ground.

Subsequently, both parties will seek guidance from a divorce solicitor to formalise and sign a Minute of Agreement.

Collaboration

A collaborative approach to separation and divorce aims to help couples resolve financial and/or child-related matters respectfully without attending Court. It is especially beneficial when both parties are committed to co-parenting effectively.

Our Family Law team is collaboratively trained, allowing us to work with you to advance both parties’ interests and that of the children concerned, using the appropriate support and legal advice.

All negotiations take place by way of settlement meetings attended by both clients and their collaborative family lawyers, with a signed agreement at the outset preventing court action.

It is also possible to involve other professionals and consultants in the process to provide support and guidance in relation to financial or emotional matters with a view to reaching a fair and legally binding agreement. A straightforward divorce can then follow.

Family Arbitration

This is a relatively new method of dispute resolution for Family Law matters and involves both parties appointing a mutually acceptable arbitrator to decide a particular issue or dispute without attending court.

The arbitrator is usually an experienced, independent Family Law Solicitor (member of the Family Law Arbitration Group Scotland) who takes the place of a judge in making a legally binding decision between the parties.

Court Action

If a resolution arising from separation fails, it may be necessary to raise court proceedings and let a judge decide the outcome for you. Court may also be the way forward if protective measures are required for you, your children, or assets.

With costs and time commitments to consider when going down this route, we would always discuss the advantages and disadvantages of court proceedings with you before taking any steps, to ensure you weigh up all options.

Trust Garden Stirling Burnet for expert guidance in navigating your divorce or separation

Let Garden Stirling Burnet help guide you through this emotional time with empathy and expertise.

Speak to one of our experienced team of solicitors today, and we will help you find an amicable solution with your interests and wellbeing at the heart.


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