Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles
Authors

The healthy divorce

Sep 29, 2018, 19:59 PM
arbitration, collaboration, divorce, family law
The use of the collaborative practice can help to relieve the stress associated with the divorce process.
Slug : the-healthy-divorce
Meta Title : The healthy divorce
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 19, 2017, 04:13 AM
Article ID : 114218
Rachael Latcham
Brodies LLP


New research at Aston medical school in Birmingham has found that those with type-2 diabetes, high blood pressure and high cholesterol are more likely to live longer if they are married than those who are single. Last year, the same team found that those who are married are more likely to survive a heart attack. Conversely, studies have also shown that a stressful marriage can increase the risk of a heart attack or a stroke, and a study in 2009 by the University of Chicago found that those who are divorced or widowed are more likely to experience health issues.


The Financial Remedies Handbook is the first resort for thousands of matrimonial lawyers by combining a clear explanation of the applicable legal principles with straightforward advice on practice and procedure.

This new edition for 2017 has been thoroughly revised and contains detailed analysis and practical guidance on all recent case-law and procedural developments.


The 11th edition is available to order here.

The use of the collaborative practice can help to relieve the stress associated with the divorce process. This practice was imported from the USA and has been used in Scotland for a number of years. While this approach is unsuitable for some couples (where, for instance, there has been a history of violence) it can work well where there is a willingness to work together to resolve issues, especially where they have children.


If a couple agree they wish to collaborate, they will each require to instruct a collaboratively trained lawyer. All parties must sign up to an agreement at the beginning of the process confirming they will be open and honest with one another and making clear they will not instruct their lawyers to raise a court action. Thereafter, there are a series of four-way meetings to determine the issues arising from the separation. It is possible to bring in a neutral financial advisor and/or family counsellors (who must also be collaboratively trained) to assist the couple. The process allows parties to adopt a creative approach and to craft a bespoke agreement.

While the collaborative approach may not be suitable for all couples, that does not mean that there should be a rush to court. Litigation is the last resort. Traditional negotiation (either through correspondence or in meetings between the parties and their respective solicitors) is the most common way in which to resolve the matters arising from a separation.

It is also open to parties to appoint a lawyer mediator to determine matters (or one particular issue). The use of family arbitration is also becoming increasingly common. An arbitrator is essentially a private judge instructed by the parties to make a legally binding decision.
Categories :
  • Articles
Tags :
stress
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from