lternatives to divorce in Scotland

The first thing any good family lawyer will ask you is if you are absolutely sure your marriage has broken down. It is absolutely possible to go to court too soon.  

The drawbacks are obvious – firstly, your legal costs will start to rack up; secondly, it can make negotiations difficult; thirdly, there is something inherently stressful about being involved in court proceedings, whether you’re the person starting the action, or the person defending the case.

 You should always take time before instructing your lawyer to head off into court, and it makes a lot more sense to see what can be agreed first -  say in relation to children or finances. A lot of issues can be sorted out in advance which makes the court process a whole lot less stressful.

Mediation 

Mediation can take various forms. It can mean discussions about saving a marriage – or in situations beyond that point, it can mean negotiating on any issues that need to be resolved as a result of the breakdown e.g. financial matters, issues relating to the children such as which parent they’re to have their main home with and/or visiting arrangements for the other parent, and so on.  

For more on mediation see here.

 Counselling

Some couples benefit from counselling as a way of dealing with the stress of breaking up. Counselling can take the form of individual counselling, or joint counselling. This form of intervention is aimed at dealing with the emotional fallout of a breakdown rather than  practical issues.

 

Collaborative Law  

This is relatively new approach in Scotland which is still finding its feet. Collaborative family law is another way of helping couples to work out financial and child issues after their separation. Collaborative family law helps separating couples to work together with their lawyers and, if necessary, other professionals, to reach solutions tailored to their needs, rather than going to court. This service is designed to make the process of separation and divorce less traumatic and, in most cases, less expensive. Details of collaborative lawyers can be obtained from the Law Society of Scotland and the Family Law Association.