Prenuptial agreements, or “prenups,” are becoming more common in the UK as couples look to protect their financial interests before marriage. Far from being a sign of distrust, a well-drafted prenuptial agreement is a practical tool that can give both parties clarity and peace of mind. This article examines the purpose, benefits, legal considerations and common myths surrounding prenuptial agreements.
A prenuptial agreement is a legally binding document between two people before marriage that outlines how assets will be divided in divorce or separation. Prenuptial agreements are constitutionally protected and enforceable under specific laws in many jurisdictions. It can cover property, savings, debts, inheritance and even future income, so it’s a tailored approach to asset division.
Prenups help protect pre-marital assets, family businesses or inheritances. You need to consider your financial situation when drafting a prenuptial agreement so it’s fair and enforceable. A prenuptial agreement clarifies financial responsibilities during the marriage and reduces conflicts if the relationship ends. For second marriages, a prenup can protect children’s inheritance rights.
Signing a prenuptial agreement can have many benefits for couples getting married. One of the main advantages is that it allows couples to have open and honest conversations about their financial expectations and goals. This can prevent potential conflicts and ensure both partners are on the same page. A prenuptial agreement can also give you security and stability as it outlines how assets will be divided in the event of a divorce. A prenuptial agreement can also protect specific assets like family businesses or inheritances and provide a framework for managing finances during the marriage. Anyone getting married should consider signing a prenuptial agreement. However, some people may benefit more from a prenuptial agreement than others. For example, people with significant assets such as property or investments may want to consider a prenuptial agreement to protect their wealth. Couples getting married for the second time or who have children from a previous relationship may also benefit from a prenuptial agreement. People expecting to receive a large inheritance or have a family business may want to consider a prenuptial agreement to protect their interests.
A prenuptial agreement should include a complete outline of how assets will be divided in the event of a divorce. This can consist of property, finances, investments and other assets. The agreement should also outline how debts will be handled and how financial responsibilities will be managed during the marriage. Couples may also want to include provisions for spousal support, childcare and long-term care. You should seek independent legal advice to ensure the agreement is fair and reasonable.
A prenuptial agreement protects specific assets one or both parties bring into the marriage. For example, if one partner owns a family business, a prenup can ensure the business stays within the family in the event of a divorce. Inheritances and significant personal investments can be protected through a prenuptial agreement. Couples can avoid potential conflicts and protect their individual financial interests by defining the ownership and division of these assets.
While prenuptial agreements are not automatically legally binding in the UK, courts are increasingly willing to uphold them if they meet specific criteria. For a prenuptial agreement to be legally enforceable, it must meet the following criteria:
Legal advice for each party is also recommended to ensure fairness.
“Prenups are only for the wealthy.”
This is a myth. Prenups can benefit couples of all backgrounds by giving clarity and reducing the cost and stress of divorce.
“Suggesting a prenup means you don’t trust each other.”
On the contrary, discussing a prenup can strengthen the relationship by having open conversations about finances.
If you are already married, a postnuptial agreement is an option. Trusts and other estate planning tools can also protect assets.
A prenup is a practical step for anyone getting married, with a clear plan for asset protection and less uncertainty. Consulting a specialist family solicitor means the agreement will be fair, balanced and more likely to be upheld by the courts. If you need advice on drafting a prenup, contact Giovanni Lombardo at Lewis Nedas Law.
In marriage, civil partnership and prenuptial agreements, capacity is a complex and vital issue. The legal ability to marry, enter into a civil partnership or make a prenuptial agreement depends on a person’s mental capacity, that is, these decisions are made voluntarily and with complete understanding. This article explains what capacity means, how it’s assessed and what it means for marriage, civil partnership and prenuptial agreements.
Capacity means a person’s ability to understand and make decisions about legal matters. Under the Mental Capacity Act 2005, a person is presumed to have capacity unless established otherwise. Capacity is decision-specific; a person may be capable of making some decisions but not others.
To have capacity, an individual must be able to:
1. Understand the information relevant to the decision.
2. Retain that information long enough to make a decision.
3. Use or weigh that information as part of the decision making process.
4. Communicate their decision by any means.
If any of these elements are lacking, the individual may be deemed to lack capacity for that particular decision.
Capacity assessments should be decision specific and time specific. For example, an individual may lack capacity at one time but regain it later. The assessment is usually carried out by healthcare professionals or legal experts who consider the complexity of the decision and the person’s ability to understand the consequences, especially if the individual lacks capacity due to cognitive impairment or decision-specific circumstances.
The Mental Capacity Act 2005 sets out a two-stage test for assessing capacity:
1. Impairment or Disturbance: Is there an impairment of, or disturbance in, the functioning of the person’s mind or brain?
2. Decision Making Ability: Does this impairment mean the person cannot make a specific decision when required?
If both are met, the person may lack capacity to make that decision.
The legal test for capacity to marry is relatively straightforward compared to other decisions. An individual must understand the nature of marriage and the duties and responsibilities that come with it. This includes the permanence of the union, mutual duties of support and the impact on legal rights for inheritance. Capacity to marry is not based on the characteristics of the future spouse. It is important to note that the threshold for capacity to marry is lower than for other legal decisions. A person doesn’t need to understand every legal or financial consequence of marriage, only the essential nature of the union. For example, understanding how marriage affects a will is not necessary, but understanding that marriage is a legally binding relationship is. The capacity to marry is not person-specific; instead, it is focused on the individual’s understanding of the nature of marriage.
Unlike marriage, the capacity required to enter a prenuptial agreement is higher. This is because prenuptial agreements involve complex financial and legal consequences that demand deeper understanding.
Financial transparency is key to a successful prenuptial agreement as it ensures both parties fully understand their assets and the implications of the agreement.
To have the capacity to enter into a prenuptial agreement, an individual must:
· Understand the nature of the agreement and its effects.
· Appreciate the financial implications, including what rights they may be surrendering.
· Be free from undue influence or coercion.
If there is any doubt about a person’s capacity to understand these implications, getting a formal capacity assessment before signing such an agreement is recommended.
Capacity can be challenged in both marriage and prenuptial agreements, often by family members or legal representatives. A marriage can be annulled if it is proved that one party lacked capacity to consent. A prenuptial agreement can be deemed invalid if one party did not have the required capacity when signing.
In such cases, the court will review medical evidence, witness statements and expert reports to determine whether capacity was lacking when the decision was made.
Capacity is key in marriage and prenuptial agreements to protect individuals from making decisions they don’t fully understand. The threshold for capacity to marry is relatively low, the capacity required for prenuptial agreements is much higher due to their complexity and financial implications.
If you need expert advice on capacity, marriage or prenuptial agreements, Lewis Nedas Law’s specialist solicitors are here to help. Contact Giovanni Lombardo today to protect your rights and interests
Divorce can be a difficult, and long process. But it is possible to achieve a ‘good’ divorce. This week, Resolution are running their annual Good Divorce Week campaign for 2022, concentrating on resolving disputes out of Court with clear guidance on how to guide families through this. With that in mind, our specialist Family lawyers look at the top tips to help achieving a good divorce.
If you can, try and keep the lines of communication open with your spouse. Should your communications become strained, or argumentative, set yourself some boundaries. Outline what you’ll communicate about directly, or whether certain issues should only be discussed in mediation, or through solicitors. Look at tools such as Our Family Wizard which can ease this process.
Children should be kept out of adult conversations about separation, finances and the issues about arrangements of spending time with each parent. It is very easy to forget about the impact the divorce might be having on the children. Divorce won’t end the relationship between you as parents.
Good communication will be key to facilitating discussions towards resolving your issues outside of the Court, which .
Divorce is a very personal matter, and you should instruct a lawyer who suits you. You might not ‘gel’ with the first lawyer you meet with, and that’s perfectly fine. You’ll need to know that you are being listened to and that your lawyer is guiding you through the process with your best interests in mind. Sometimes, your lawyer will need to give advice that is difficult for you to hear. It is important that you can trust that your lawyer will be transparent with you, so that you can manage your own expectations and be realistic. Here at Lewis Nedas Law, Laurie Avadis has 40 years experience of having these kind of difficult conversations in a way that will leave you feeling certain that we are on your side and can achieve the outcome you are entitled to.
The courts aim to achieve a fair outcome for both parties, taking into account all relevant circumstances. Whilst the starting point for division of assets is equality, 50/50, there may be reasons to depart from that starting point in favour of one party. Often, it is hard to accept that the assets would need to be divided anything other than equally, and that after divorce both parties need to make economies. Being realistic as to the assets that are available and how those can be divided to best mean everyone’s needs, most importantly the children’s, is going to make the process easier.. It is also worth remembering that money spent on legal fees is going to reduce your funds in the short term but may maximise them in the long term.
The emotional trauma of a divorce can have a lasting effect and whilst lawyers are there to support clients through the process, it may be wise to seek professional support from a counsellor or therapist (not least because their hourly charges are likely to be cheaper than your lawyer’s!) You can also lean on friends and family, but understand that they will going through their own process of dealing with your divorce as well. It may be a really difficult time but it will end with resolution.
Court proceedings, while they can be helpful and set clear parameters for all parties, are not the only answer when looking to sort out finances or disagreements about child arrangements. There are other options including mediation, arbitration, and in some cases direct discussions if you and your spouse are able to do this.
Not all options will be appropriate for you, but we always encourage trying to find one to suit you.
Divorce is a very personal matter, and you should instruct a lawyer who suits you. You’ll need to know that you are being listened to and that your lawyer is guiding you through the process with your best interests in mind. Sometimes, your lawyer will need to give advice that is difficult for you to hear. It is important that you can trust that your lawyer will be transparent with you, so that you can manage your own expectations and be realistic.
This is the checklist the Court looks at to answer the question of what is there in the matrimonial pot.
1) The first consideration is the welfare of any child of the family under 18
2) The court will have particular regard to the following matters –
a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity
b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
c) the standard of living enjoyed by the family before the breakdown of the marriage;
d) age of parties and length of marriage
e) any physical or mental disability of either of the parties
f) the contributions which each of the parties
g) the conduct of each of the parties, if that conduct if it is serious enough to rely on
h) any benefit which a person might lose if they get divorced.
Cryptocurrencies such as Bitcoin fall withing 2(a) above just as other assets the price of which might vary from day to day such as shares and property. If your spouse has a cryptocurrency investment there needs to be full disclosure and this needs to be disclosed fully and professionally valued.
At Lewis Nedas Law our team is family know for our relentless pursuit of disclosure in family proceedings to ensure the best conceivable outcome for our clients.
Please contact us on 02073872032 or use our online enquiry form if you require family law advice and assistance
Divorce in England and Wales is common, but what is less common is when marital assets become part of criminal proceedings and are regarded as proceeds of crime. The courts have been troubled by this intersection of family law and criminal law for many years, having to ask which takes priority: the rights of the spouse to their assets in marriage, or the Proceeds of Crime Act. In this article, we look at how financial settlements in divorce could be affected by proceeds of crime.
Several judges have observed over the years that all marriages are subject to the rules included in the Matrimonial Causes Act 1973 (MCA). This means that even the marriages of those involved in selling drugs, money laundering, financial crime, or any other criminal activity, are not excluded.
As a result, the question of who should be able to benefit from assets that have been acquired as the result of criminal activity during a marriage is a challenging one. Should an innocent spouse be protected by the MCA? Or does the Proceeds of Crime Act 2002 take priority, meaning that the state can intervene and confiscate the assets under a confiscation order?
Of course, suppose a spouse is innocent and unaware of the criminal activity. In that case, they could be considered a ‘victim’, but so too are those who have been subjected to the criminality in the first place. The question arises as to whether the proceeds are better in the hands of those affected by the crimes rather than with the family of the person who committed the crime.
If the criminal conduct took place after March 2003, the provisions of the Proceeds of Crime Act 2002 (POCA) will be applicable. The court can make confiscations under part II of POCA and the court will look at how much the defendant’s spouse benefitted from their criminal activity and what is available for confiscation.
The amount ‘available’ will include any free property owned by the defendant, as well as the value of any ‘tainted’ gifts – such as transfers of property to their spouse. However, the court is not limited to assets that have been acquired as a result of offending, but may include all assets held by the defendant which could be included for confiscation.
To enforce any confiscation order made, the court must appoint a receiver. The receiver must exercise their powers in a way which allows any person other than the defendant, or a person who has received a ‘tainted gift’, to recover their interest in the property available for confiscation.
Once a receiver has been appointed, third party property interests – such as those of an innocent spouse – are at risk. The court will decide which assets may be confiscated to enforce the order. It is vital that third parties establish their interest in the property subject to the confiscation order. A spouse at this stage may make an application under the MCA to obtain an interest through a property adjustment order. The case of Re Norris UKHL 34 established that a third party is entitled to be heard at this stage of the enforcement process, even if they have already given evidence in the Crown Court which was disbelieved.
It is the role of the court to balance the MCA and the POCA which means that many matrimonial cases could be heard with the Crown as an intervener. In these cases, the Crown will generally try to negotiate claims in a practical way. If a spouse can clearly demonstrate their need for property and assets that are subject to confiscation proceedings, it is more likely that they will be able to establish a successful claim to property and assets which are the subject of a confiscation order.
Divorce and confiscation proceedings is a highly complicated area of the law. Our dedicated cross-discipline team is available to help you navigate this challenging process and assert your interest in marital property which may be the subject of confiscation proceedings. The sooner you get in contact with us, the more opportunity we have to build your case. Contact Lewis Nedas Law today by calling 020 7387 2032 or complete our online enquiry form.
If you are going through a divorce, there are many things you will need to consider. Among concerns about children, living arrangements and financial settlements, many people often forget that they may need to consider how divorce will affect their pension. Your pension may be the most valuable asset you have, and although it may be some time before it will be paid, you and your spouse will need to take clear advice on the options available to you about how your pensions will be divided. In this article, we provide an overview of how your divorce might affect your pension and potential options for moving forward.
Whether you will need to share your pension will depend on the specific circumstances of your case. The court may make orders in relation to pensions, but it can choose to make no order at all. If you were only married for a short time or you are early in your career and have only accrued a small pension pot, the court may decide that it is not appropriate to make an order concerning your pension.
If the court decides to make an order in relation to your pension, there are three options for how your pension may be divided. Each of these is set out below.
The court has the power to simply divide your pension at the time of divorce. When the court makes a pension sharing order, a portion of one partner’s pension is removed from their pension pot and put into a separate pension pot in the other partner’s name. The benefit to a pension sharing order is that both parties have control over their own pension, giving them a ‘clean break’.
A pension sharing order is the most common type of pension provision made during financial settlement. Even if you and your spouse both have separate pensions already, or you have multiple pensions, the court may make an order in relation to each pension. Typically, the court will seek the advice of a pensions and divorce expert to carry out the calculations necessary to ensure the pension is divided fairly.
Another option the court has for the division of pensions is to offset the pension for another asset. In this circumstance, one spouse would keep all of the pension pot, and the other would receive another asset to offset the pension amount. This could be, for example, the family home or a lump sum of cash. The calculations for offsetting a pension can be complex and, as a result, the court would typically seek the advice of a divorce and pensions expert to determine an appropriate amount or asset for the offset.
The third option is a pension attachment order, but these are not commonly used following the introduction of pension sharing orders in 2010. Under a pension attachment order, once a pension becomes payable, a certain set amount will be paid from the pension directly to the other spouse. The biggest issue with a pension attachment order is that the capital in the pension will remain part of one spouse’s pension, so the other has no control over the drawdown or how it is invested.
In addition, a pension attachment order ends in the event of remarriage or death, so there is a risk that the other spouse will never benefit from the pension. For example, if your former spouse remarries a few years after the divorce, the pension attachment will end, and you will not receive payments from the pension.
The most important thing to remember is that a pension is a valuable asset – in many cases, even more valuable than your family home. You should seek advice from an experienced divorce lawyer and may wish to seek independent financial advice from a pensions expert.
Our family law team understands how difficult it can be to go through a divorce. At Lewis Nedas Law, we will guide you through all of the practical matters related to divorce, including any financial circumstances, to ensure you can move forward with minimal stress. If you are concerned about your pension during a divorce, speak with a member of our qualified team today to see how we can help. Get in touch today by calling 020 7387 2032 or complete our online enquiry form.
On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 came into effect which ended the requirement to prove that one of the parties was at fault in order to get divorced. The principle behind this legislative change was to simplify the divorce process, minimise conflict between parties, and make divorce seem much less overwhelming. There are many positives to no-fault divorce, but it does involve some practical changes. In this article, we look at what you can expect going through the new no-fault divorce process.
If you have been carrying out research into divorce online, you may have found that it is possible to defend a divorce if a spouse does not agree there has been an irretrievable breakdown of the marriage – this is no longer the case. Under the new law, if one party to a divorce states the marriage has irretrievably broken down, it is not essential to prove this with a supporting ground (such as adultery, unreasonable behaviour, or years of separation), and the statement alone is considered conclusive evidence.
Without the need to evidence one of five grounds, there are now very limited circumstances under which a divorce may be defended. These are as follows:
In a bid to modernise the process and make the system much more user-friendly, some of the terminology used throughout the divorce process has changed. The Latin terms used – such as ‘decree nisi’ – are now gone and have been replaced with more descriptive, modern terms:
Under the new rules, there is a compulsory 20-week waiting period beginning on the date that the application is issued by the court. Parties must wait for 20 weeks before it is possible to apply for a conditional order. There is then an additional six-week waiting period between the conditional order and the final order.
While no-fault divorce may make the process simpler, there is still at least a 26-week timescale. If you take into account court processing time, the divorce process is likely to take at least seven or eight months.
In the spirit of making the divorce process less adversarial, if a couple decides they wish to divorce, they may now bring a joint application. Under a joint divorce application, both parties will be classified as applicants. The process will be much more streamlined as there is no longer any need to serve the application for divorce on the respondent.
For divorces where all parties are being represented by their own solicitor, it is mandatory that the parties use the court’s online divorce portal. If parties have chosen to represent themselves (known as litigants in person), they may file an application if they wish or use the online divorce portal if they would prefer to do so.
Serving a divorce application by email is now the default form of service. Although the initial notice is by email, this will be followed up with a postal notice.
There have also been rules introduced that require that divorce applications must be served on the other party within 28 days of being issued by the court. There was previously no deadline for service of divorce petitions, which allowed parties to begin divorce proceedings and only serve them when they felt it was suitable.
At Lewis Nedas Law, we have extensive experience in divorce proceedings and can represent you throughout the entire process. We strive to find practical solutions that minimise stress and allow you to move forward. Our divorce team will discuss the options available to you and advise you on the best approach for your circumstances, taking into account issues surrounding children and the division of finances. Contact us today by calling 020 7387 2032 or complete our online enquiry form.
In 2021, divorce applications hit a record low. With 107,724 applications made in England & Wales, this is the lowest level we have seen since 2003 – the earliest year this data is available. The reason behind this drop in applications could be the introduction of no-fault divorce which came into effect on 6th April 2022.
Many couples may have been holding off from submitting an application to take advantage of the no-fault divorce process, which offers a more amicable way for couples to end their marriage. In this article, we look at no-fault divorce and why couples may have been waiting to get divorced under the new regime.
The new divorce process allows couples to bring their marriage to an end without assigning blame to one party. Before the new laws came into force, couples would either need to be formally separated for a period of two or five years (depending on whether both parties gave consent). If there was no period of separation, parties would need to prove unreasonable behaviour or adultery to evidence that the marriage had broken down irretrievably.
The reasoning behind no-fault divorce is that assigning blame can make an already sensitive and challenging time more difficult. It can increase tension between the parties and makes the process more antagonistic than is necessary.
When we look at why couples may have wished to wait for no-fault divorce, it is important to look at the case which played a role in bringing about the changes. The decision in Owens v Owens [2018] UKSC 41 received widespread attention and highlighted the need for no-fault divorce in the UK.
Mr and Mrs Owens were married in 1978, and Mrs Owens petitioned for divorce in May 2015. At the time of the petition, Mrs Owens had left their marital home and cited ‘unreasonable behaviour’ on the part of Mr Owens as the reason for the divorce petition. However, the court decided in favour of Mr Owens, outlining that it did not believe that Mr Owens’ conduct amounted to unreasonable behaviour and Mrs Owens’ divorce petition was dismissed. The case continued to the Supreme Court, where the court chose to uphold the decision. As a result, Mrs Owens had no choice but to remain married to Mr Owens for five years, despite no longer living together and the marriage irretrievably broken down.
Due to the media attention that the Owens case received, the government published a consultation paper Reducing family conflict: Reform of the Legal Requirements of Divorce. The result was the introduction of no-fault divorce, which would prevent one party from being trapped in a marriage that had broken down for up to five years.
So was it worth waiting? For many couples, the old divorce process could have gone ahead without too much difficulty. However, in cases where one party may have contested the divorce, or there was concern about how the divorce process might play out, no-fault divorce provides much more certainty.
The no-fault divorce process means that those who do not wish to ‘point fingers’ and blame the other party for the breakdown of the marriage have an alternative solution. The new system removes the requirement of blame entirely, and it is enough for one party to state that the marriage has irretrievably broken down.
As we can see from the Owens case, having the other party defend the divorce can lead to unfair and challenging circumstances. The ability for one party to determine that the marriage has broken down can allow those in difficult situations, including domestic abuse, to set themselves free from a broken marriage without the need to prove wrongdoing to the court, or gain the consent of the other party.
Whether no-fault divorce will lead to a quicker process very much depends on the circumstances. However, generally the process is not designed to be quicker, but simply to allow couples to move through the divorce process with less conflict.
On a practical level, this means that there is less tension and more cooperation when it comes to financial settlement or deciding child matters. This could make the process quicker and less expensive for those going through a divorce. It is anticipated that the cost of no-fault divorce will be similar to those cases of uncontested divorce under the old system and, although uncommon, incurring high costs through a contested divorce will be a thing of the past.
Our specialist family law team offers understanding advice that is tailored to your specific circumstances. We can help you to navigate through the new divorce process, striving to make the whole situation as stress-free as possible. We are dedicated to ensuring the best outcome for you and your family by providing expert representation and legal advice at every stage. Contact us today by calling 020 7387 2032 or complete our online enquiry form.
If you and your partner are considering divorce or separation, it is natural to be concerned about how this might affect your children. Deciding matters such as finances, living arrangements and custody can feel overwhelming, not to mention having to tell your children about how their lives will be changing. There are certain steps you can take to support your children, make them feel included, and ensure the divorce or separation process is as stress-free as possible for them.
You will need to sit down with your children and discuss what is happening, but taking time with your former partner to work out exactly what you will say can make it much more straightforward. You should consider the age of your children and the best way to explain in terms they will understand. Once you have agreed on an explanation, it is important that you stick to it to provide certainty for your children.
Children can find it very difficult when their parents separate, but it can be made easier when parents are able to continue to communicate with each other. You will need to organise practical matters, such as living arrangements, but you may also wish to be clear about communicating your children’s feelings to each other. Should your children share any concerns about the divorce while spending time with you, this is something you should be able to raise with your former partner to ensure you remain on the same page.
Children want to know that they will be able to see their parents, and it can help to have a schedule for when each of you will spend time with them. If they are used to living in a home with both parents, they may miss one parent doing certain activities when they are not around. However, with a clear schedule, children can be very adaptable, so try to agree on a timetable and use a system that is clear and visible for all parties.
It can be difficult to be away from your children, and for your children to be away from their other parent. You should take extra care during this emotional time to remind them that both parents love them. Avoid speaking negatively of your former partner, particularly when they are late to collect children or have to skip an evening they are due to spend time with the children. You are all in this together, and reassurance is essential.
While it is important to have a clear timetable, life will occasionally get in the way. Try to remain flexible and acknowledge that you will need to work together to get into a good pattern.
Although you may no longer be in a relationship, moving forward when you have shared custody of your children means you will need to remain committed to your parenting responsibilities. You may need to discuss how you will handle parenting matters with your former partner, such as school trips, parents nights, dealing with behavioural issues, and many other matters.
This is a very emotional time, and even the simplest of issues can escalate and become confrontational. You should try to minimise your children’s exposure to arguments and sensitive discussions by making time to discuss it when they are not around.
For children, divorce and separation can make them feel helpless and like they have no control over the situation. You can reduce the emotional anxiety they experience by taking the time to listen to how they feel. Acknowledge their feelings and let them know it is ok to feel whatever they are feeling.
Bringing a new partner into your life can be intimidating as it can be difficult to know how it might affect your children. You may even want to discuss introducing a new partner with your children’s other parent so that they can provide support.
The end of a relationship can be a challenging and emotional time for couples, especially when there are children involved. To avoid any problems down the line, you must ensure that all decisions and arrangements concerning your children are handled. At Lewis Nedas Law, we can provide support and guidance during this time. We will tailor our advice to your specific circumstances to ensure the optimal result for you and your family. Call our specialist team today on 020 7387 2032 or complete our online enquiry form.
Mediation can be an effective way to resolve relationship disputes and to help parties come to an agreement that will allow them both to move forward. However, traditional mediation may not be suitable for couples that require extra professional support. In this article, we look at hybrid mediation – a progressive and innovative solution.
Hybrid mediation is when a couple chooses to reach an agreement using mediation, but they also wish to have the support of professionals such as their respective solicitors. During hybrid meditation, the parties’ lawyers may be present to assist their clients during the process. The mediator may also choose to bring other professionals into the process such as financial advisers, valuation experts, social workers or any other relevant person.
Unlike typical family mediation where sessions are held with both parties present, the hybrid process allows for ‘shuttle’ mediation. This is where the mediator will spend time with each of the parties and their solicitor to explore their respective positions in more detail.
Hybrid mediation can be particularly useful if there are issues of safety. If one party does not feel comfortable meeting with the other, or even participating in a video conference with them, the shuttle mediation process can be used. Safeguarding in family law cases is important, and hybrid mediation allows partners who are fearful to have their voice heard in the mediation process.
Secondly, engaging professionals in the mediation process can lead to better outcomes for both parties. Naturally, such professionals have the knowledge and skills to fully advise the parties on their position which can help them to make more informed decisions about any proposal put forward. The result is that couples are more likely to reach agreeable, fair and workable settlements, quicker.
As with all types of mediation, hybrid mediation is a much faster solution than going to court. The assistance of professionals during the hybrid mediation process can mean that much of the preparation for the actual mediation meetings can be done in advance, and in many cases disputes can be settled in a matter of days. Having a solicitor present at mediation can avoid the delay of taking meetings between sessions to get advice on each proposal, and can often mean that agreements are in place by the end of pre-booked mediation sessions over the course of a day. Your solicitor can then draw up a consent order based on the discussions at the meeting right away.
In addition, having lawyers and professionals involved can increase the certainty of outcome. Having the input of such professionals throughout the process means that parties are fully informed of what they are agreeing to, which makes them less likely to change their mind on matters at a later stage.
The efficiency of hybrid mediation means that it is also more cost-effective. When lawyers are actively involved in mediation sessions it means less time is taken up with communications, drafting revisions, and relaying information. There is also less chance of miscommunication or disagreements between the parties’ solicitors.
As previously discussed, hybrid mediation can mean separate meetings which means there is less opportunity for direct conflict. Parties can avoid the often emotional difficulty that comes with a joint meeting and focus on the outcome in a calm, rational environment.
Importantly for many people, mediation negotiations are completely private and confidential.
All statements and documents are kept private and cannot be accessed by anyone who is not involved in the process. Many high-profile individuals use mediation as when a case goes to court, details may be accessed by the press or made public by family members on social media.
Hybrid mediation is most suitable for cases which are particularly complex or involve a high degree of conflict. The hybrid mediation process allows lawyers to be present, which can make the parties feel protected. It also means that lawyers are present to guide their clients and advise them as the process moves forward, which can help to avoid ‘heat of the moment’ comments and arguments which can escalate tensions between parties. When parties to hybrid mediation are supported by the lawyers and other professionals, it is easier for them to focus on reaching an agreement, rather than what went wrong or the more emotive parts of the divorce process.
For mediation in divorce and children cases, our specialist mediation lawyer can help advise you and provide guidance on all of the possible options open to you. Contact Lewis Nedas Law today on 020 7387 2032 or complete our online enquiry form.