The April Divorce Act passed in England and Wales will serve to streamline the divorce process and make it a less bitter experience for those involved. It’s certainly a step in the right direction, but we need to move on as an industry to make real change.
Can mediators and lawyers now work together to change the way people approach divorce?
The introduction of the no-fault divorce means that the legal system has finally taken divorce from the Middle Ages and allowed couples to end their marriage or registered partnership amicably. That has also been our mission: to move away from the ‘boxing ring’ mentality of divorce and to guide couples to divorce in a calm and cooperative way. We believe that breaking up is a human process and requires a range of professionals working together to support the family at one of the most vulnerable times in their lives.
It takes much more than just legislative changes to change the societal attitude that divorce requires a struggle.
We need to move away from the hostile approach inherent in our justice system towards holistic support for the whole family. At The Wells Group, we strive to take stress and uncertainty out of the divorce process by offering clients a flat fee package of support from legal, financial, mediation, therapeutic and parenting experts. We want to provide families with a calm and orderly environment where all elements of the divorce process are brought together under one umbrella.
An important element of this process is the mediators and lawyers who work together so that we can provide full support to clients who want reassurance that any financial settlement reached is fair. We believe mediation works best alongside legal advice and we partner with top law firms in the area to offer a flat fee legal support package.
Again, this goes against the trend, but it provides the right solution for our customers. We have found that more and more clients are put off by indefinite attorney fees and are looking for alternatives instead. At a time of great uncertainty in their lives, families need security. As an industry, we need to help families through a difficult and chaotic time, ensure legal issues are handled fairly, while fostering a good long-term parenting relationship for years to come.
It is encouraging that more and more legal professionals seem to be promoting alternatives to the traditional model of combative negotiation and litigation.
Collaborative law and mediation are more popular than ever, offering clients the opportunity to work together rather than against each other in a conflicting legal system with little control over costs. A positive change from the pandemic is that services are now offered virtually end-to-end, making for a faster, more streamlined process. Clients can now work together without having to be in the same room, which can often be overwhelming in the early stages of the divorce.
The Family Solutions Group, chaired by our founder, Helen Adam, urges the government to do more to put the well-being of children at the heart of family separation. It is a multidisciplinary group with expertise in working with families in and out of court. The Family Solutions Group Report in 2020, ‘What About Me?’ made a strong case for big change. The recent event, “Fighting family separationattended by the Attorney General, the Chair of the Family Department, MPs, judges, academics and family professionals and was a valuable opportunity for those involved to discuss how to mitigate the devastating impact of divorce and conflict on children.
What do these changes bring?
The world has changed dramatically in the past two years due to the pandemic. The Divorce, Dissolution and Separation Act 2020 will serve to streamline divorce proceedings and send a strong signal that divorce need not be a battle. We hope this is just the beginning; a catalyst for change on a broader societal scale in which legal professionals follow suit and focus on the needs of the entire family, not just those of their client.
About the author: Juliette Shaw is the Founding Partner and FMC Accredited Broker at The Wells group in Kent.