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Could One Lawyer be the Right Choice for Many Couples?

James Pirrie
James Pirrie
Director at
Family Law in Partnership

Is there another way to begin?

Most people assume that if a relationship ends, the first step is for each person to find their own lawyer. Sometimes that is exactly the right decision but in other situations, it may not be.

For many couples, the biggest challenge is understanding their options, making informed decisions and finding a way to move forward without unnecessary conflict or cost.

That raises an important question. Could one lawyer, advising both people together, be the better option for some couples?

When a family goes through change, it can be difficult to know what to do first. The path ahead may feel uncertain and, at a time when emotions are running high, making the right decisions can seem overwhelming.

In the past, you might have talked things through with your partner but now, they may be the one person you no longer feel able to rely on for guidance.

Instead of immediately asking, “Who should represent me?”, there may be a more helpful first question: “What process will help us make the best decisions for our family?”

For some couples, appointing separate solicitors is the right answer from the outset. For others, there may be a different way to begin, one that helps both people understand the legal framework, explore their options and work towards informed decisions together.

Why do people look for an alternative?

The traditional process can be expensive. A simple conversation may involve several stages:

  1. You speak with your lawyer
  2. Your lawyer contacts the other lawyer
  3. The other lawyer speaks with your ex
  4. They receive instructions
  5. Those instructions are passed back to the other lawyer
  6. The other lawyer contacts your lawyer
  7. Your lawyer then comes back to you.

That is a long process simply to begin a conversation.

People also worry that different lawyers may offer different views about the likely outcome. Legal advice is always shaped by the facts and circumstances, but it can sometimes leave people wondering where the common ground really lies.

When can one lawyer work?

Of course, one lawyer is not suitable for every family.

Where there are safeguarding concerns, controlling behaviour or deeply entrenched positions, separate representation may be the right and safest option.

There is, however, a large group of couples who simply want clear, independent legal information to help them make informed decisions together. They are asking questions such as:

  • What do we have and what are our options?
  • What is the usual approach?
  • What is likely to happen for each of us?
  • What risks should we avoid?
  • How do we meet our children’s needs while allowing both of us to move forward?

Choosing the right process

Choosing the right process at the beginning is one of the most important decisions you can make. The right process, with the right people at the right time, often leads to better outcomes.

Too often, uncertainty about what the other person might do leads both people to appoint specialist litigators before exploring whether there is a more constructive alternative.

For many families, a different approach can:

  • Provide clearer answers
  • Resolve issues more quickly
  • Reduce legal costs
  • Give everyone a better understanding of the available options
  • Allow both people to play a more active role in shaping the outcome

How does one lawyer work?

One lawyer sees the common interest between two people who might be separating as sufficient glue for acting for both of them together.

Before the process begins, there is a careful assessment to ensure that both people are choosing the process freely, that it is safe and appropriate and that each person is willing to listen, understand the options and make informed decisions.

When that foundation is in place, the conversation often becomes more productive. Both people hear the same advice, ask their own questions and develop a shared understanding of the legal framework within which they will make decisions.

In many circumstances, it allows a couple to work together again, not as partners, but as parents or former partners seeking practical solutions for the future.

A flexible approach

Importantly, choosing one lawyer is not an irreversible decision.

A couple can move to separate representation if the process no longer meets their needs. Equally, they may arrive at one lawyer after beginning in another process, such as Mediation.

For many families, it provides an excellent starting point. Two people hear the same advice, from the same lawyer, at the same time. From there, they are often better equipped to work together, understand their options and find their own way forward with clarity, care and confidence.

Find out more

Every family is different, and no single process is right for everyone. If you are considering whether the one lawyer approach could be right for you, we are here to help you understand your options.

Find out more about FLiP Together, One Couple, One Lawyer at:
https://www.flip.co.uk/flip-together-one-couple-one-lawyer/

Read more articles by James Pirrie.

Read more articles by Family Law in Partnership.


About James Pirrie

James Pirrie is a Director of Family Law in Partnership, a highly regarded law firm based in London, which specialises in de-escalating conflict in family law.  He is an Arbitrator, Family Solicitor and Mediator accredited in child-inclusive mediation.

James is driven to improve long term outcomes for families who are experiencing separation or divorce.  He is credited with introducing collaborative law to the UK and with changing how children’s needs are addressed during family breakdown through the Parenting after Parting initiative.

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Managing Conflict and Stress During Divorce and Financial Remedy Proceedings

 

Katie Lowe
Partner in the Family Team
JMW Solicitors LLP

Katie Lowe, Partner in the JMW family team, examines how individuals can manage conflict and stress during divorce and financial remedy proceedings, with practical guidance for navigating the process calmly and confidently.

Divorce is rarely just a legal process. For many people, it is one of the most emotionally demanding periods of their lives, involving uncertainty about children, finances and the future. Even where both people want to resolve matters sensibly, the pressure of divorce and financial remedy proceedings can make communication difficult and conflict harder to avoid.

As a family lawyer, I often meet people at a point when they feel overwhelmed, exhausted or unsure how to move forward. That is completely understandable. Divorce involves important decisions, and those decisions are often being made at a time when emotions are high, and trust may have broken down. The aim is not to remove every difficult feeling from the process, but to manage the pressure and make informed choices.

Understand what is within your control

One of the most stressful aspects of divorce is feeling that events are happening to you and are out of your control. You may not be able to determine how your former partner behaves or whether they approach matters constructively. You can, however, shape how you prepare and the advice you take before making decisions.

It can help to separate issues into two categories: what needs a legal response and what is an emotional trigger. Not every message requires an immediate reply. Not every disagreement needs to become a battle. Taking advice early can give you a clearer sense of which issues genuinely matter to your long-term position, and which may be better not engaged with at all.

Keep communication calm, brief and purposeful

During divorce, communication can quickly become emotionally charged, particularly where there are unresolved issues or concerns about money or children. Where possible, try to keep written communication calm, brief and focused. Long explanations or repeated messages often increase tension rather than resolve it.

Before sending a message, it can be useful to pause and ask: what outcome am I trying to achieve? If the purpose is to confirm a date, request information or agree a practical arrangement, keep the message limited to that issue. If the topic is sensitive or likely to escalate, speak to your solicitor about whether communication should go through lawyers or be managed in a more structured way.

Do not let financial remedy proceedings consume every part of your life

Financial remedy proceedings can feel particularly stressful, and it is natural to worry about the outcome, especially if the family finances are not straightforward, if there are complex assets structures or concerns about whether everything has been fully disclosed.

A practical way to reduce stress is to create a system. Keep documents in one place, make a note of questions as they arise, and avoid trying to review everything late at night or when you are already emotionally drained. Your legal team can help you understand what information is needed, why it matters and how it fits into the wider strategy.

Choose your support network carefully

Support from friends and family can be invaluable, but it is important to choose the right people to lean on. Well-meaning advice is not always helpful, particularly where it is based on someone else’s divorce or encourages you to take a more aggressive approach than your circumstances require.

Try to identify a small number of people who can listen without inflaming the situation. Counselling, coaching or therapeutic help can also sit alongside legal advice. A solicitor’s role is to guide you through the legal issues and strategy; emotional support can help you cope with the personal impact of the process and make decisions from a steadier place.

Be realistic about conflict, but do not assume court is inevitable

Some conflict is normal during divorce. Disagreement does not necessarily mean the case will end up in a contested court hearing. Many cases can be resolved through solicitor-led negotiation, mediation, or other forms of non-court dispute resolution. The right route will depend on several factors including the personalities involved, the level of trust, and whether there are any safeguarding concerns.

When narcissistic behaviour or coercive control is part of the picture

For some people, the stress of divorce is made significantly worse by patterns of narcissistic behaviour or coercive control. In these cases, the usual advice about communication and compromise may not be enough. A person who has used control within the relationship may continue to use the divorce process, finances or arrangements for children as a way to exert pressure.

Where this is happening, a more structured and strategic approach is often needed. That may include tighter boundaries around communication, careful record keeping, a clear plan for disclosure, consideration of protective orders where appropriate and legal advice that recognises the emotional and practical reality of dealing with controlling behaviour.

Protect your wellbeing alongside your legal position

Looking after yourself during divorce is not a distraction from the legal process. It is part of managing it well. Fatigue, anxiety and emotional overload can make it harder to process advice, respond proportionately and make decisions that serve your long-term interests.

Small, consistent steps can make a difference: keep some structure in your week, take breaks from emails and legal documents, avoid using social media as an outlet for frustration, and give yourself permission not to deal with every issue immediately. If you are struggling, seek professional emotional support. Divorce is a major life event, and you do not have to navigate it alone.

Practical tips for reducing conflict and stress

  • Pause before responding to difficult messages and avoid replying when you are angry, upset or tired.
  • Keep communication focused on practical issues rather than revisiting the history of the relationship.
  • Save important documents and correspondence in an organised way so you can access them easily when needed.
  • Take legal advice before making significant financial decisions or agreeing to proposals.
  • Set realistic expectations about timescales, especially where financial disclosure is complex.
  • Use professional support, including therapeutic or coaching support, where the emotional impact feels overwhelming.
  • Remember that being calm does not mean being passive; you can be measured and firm at the same time.

Final thoughts

Divorce and financial remedy proceedings can feel daunting, but the way the process is managed can make a significant difference. With the right advice, clear boundaries and appropriate support, it is possible to reduce unnecessary conflict and make decisions with greater confidence.

If you are contemplating divorce, already involved in financial remedy proceedings, or concerned about high-conflict behaviour, early specialist advice can help you understand your options and plan the next steps. JMW’s family law team supports clients with clear, compassionate and strategic advice tailored to their circumstances, helping them move through divorce with clarity and confidence.

About Katie Lowe

Katie Lowe is a Partner in JMW’s family law team, advising clients on all aspects of divorce, financial remedy proceedings and arrangements for children. Recommended by clients and recognised in the legal directories, Katie is known for her clear, strategic and compassionate approach. She has a niche specialism in cases involving narcissistic behaviour and coercive control, helping clients navigate high-conflict dynamics with confidence and care.

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Say Yes to Arbitration?

Emma Harris
Emma Morris
Legal Director
Burgess Mee Family Law

Divorcing couples now have a plethora of options when deciding how best to deal with their financial division upon divorce. The new(ish) Non-Court Dispute Resolution (“NCDR”) rules require parties to consider, and where appropriate actively participate in, NCDR processes such as mediation. Indeed, for some time now parties have not been able to issue an application at court without first attending a Mediation Information & Assessment Meeting (“MIAM”) with a mediator.

However, mediation is not suitable for everyone for a variety of reasons. If mediation has failed and solicitors are at an impasse, the options are narrowed down to the court process – with or without the use of private financial dispute resolution (“FDR”) – or arbitration. This article focuses on the significant advantages, so far as I see them, of arbitration.

Timing

Whilst courts around the country have differing scheduling pressures, it is commonplace for the first administrative appointment to take anything up to five months to be listed from the issue of an application. This is followed by an FDR, often six months after the first appointment, with the final hearing up to another year thereafter. That could add up to a staggering 18 months to two years, during which parties and their children are in an uncomfortable – and often fractious – limbo.

Arbitration is an alternative. It can be scheduled quickly, often as soon as the disclosure process is complete. Clients can fix a date to ensure their own availability and that of their legal teams, the latter being something the court no longer accommodates. This is important because if solicitors/counsel have been advising for a while and the court lists on a date they are not available, this adds a layer of stress and additional cost in bringing a new adviser up to speed.

Finality

The biggest advantage of arbitration is its finality. An FDR, whether it be private or court led, cannot bring about the conclusion of proceedings unless this is something the parties wish to achieve. Arbitration is different. The arbitrator’s award follows the arbitration, usually within two weeks but often only a couple of days afterwards. It is final and converted into a binding court order shortly thereafter.

Expertise

Judges are under immense pressure; they are often juggling numerous cases on the same day and – whilst they are all highly professional and do their very best – the time they can dedicate to papers in advance of a hearing or to the hearing itself is extremely limited. Clients are often disappointed to learn that the bundle of papers sent to court before an early hearing is hardly read. By contrast, an arbitrator builds time into their instruction to pre read a case fully and often has a short preliminary online hearing in advance of the arbitration to make certain that everything required has been done. This ensures the arbitration runs smoothly.

Arbitration provides flexibility that a court does not, allowing the parties freedom to agree in advance what they want to be decided.

Cost

Although there is a cost in paying for the service of an arbitrator, that cost buys certainty. It guarantees an arbitrator dedicated solely to your case on the day, who has read all your papers before meeting you. It guarantees you an expert in the relevant field. And it guarantees a decision – known as an award – within a very short timeframe, whilst saving money and with less acrimony than the alternative.  Set against a year or more of solicitors’ correspondence and niggling interim issues before a final hearing can even be listed, the cost of an arbitrator is modest by comparison. The personal toll of being left in limbo for that long is harder to quantify, but no less real. Arbitration cuts through that: it delivers a final outcome and brings the litigation to a conclusion.

Experts

If you need to call an expert, it is often cheaper to do so within an arbitration hearing rather than within the court process. There is a great deal of waiting around in court, during which an expert (perhaps a surveyor or pension actuary) will be charging at their hourly rate. With arbitration you can decide in advance exactly when the expert will give evidence, thus limiting their waiting time and costs.

Less adversarial

Settling a family dispute inside a court building is not optimal. It induces stress and there are often insufficient places to sit or take advice from your advisers. By contrast, arbitration can take place anywhere the parties choose; they can agree the format and timing of the day in advance, and whilst the setting is formal, it is far less daunting than a court building.

Privacy and publicity

I’ve acted for many high-profile clients, from sportspeople to entertainers and politicians. Conducting a case in the glare of other court users is difficult at the best of times but made much worse when space for a private conversation is lacking. Furthermore, media coverage is now an ever-present concern: court proceedings (barring purely children matters) are public record, and notices name the parties unless there has been a successful application to anonymise.

Arbitration removes that risk. It takes place in a location of your choice and does not appear on a public list, so the media is unaware it is happening. As such, there are no unwanted photographs of parties arriving at court and no pressure to face a microphone when parties leave the building. This allows people to deal with a highly personal issue privately, which is clearly better for them and their children who could otherwise be affected by media coverage or adverse publicity.

Arbitration is not simply for an all-encompassing final award. It can also be used to aid settlement because it is entirely possible to ask an arbitrator to decide upon a single issue. Resolving that one issue often unlocks the entire case, and settlement is achieved. Moreover, where suitable, the issue can be dealt with on paper without either party needing to attend in person, providing a quick and cost-effective resolution of a tricky issue.

In short, arbitration ensures that your matter is decided by an expert who has dedicated proper time to reading in and to deliberating their decision. It is quicker, often cheaper, and allows for total flexibility and confidentiality.

About Emma Morris and Burgess Mee

Emma Morris, Legal Director at Burgess Mee, is one of London’s leading divorce lawyers with 30 years’ experience in family law. She is a practising arbitrator and Member of the Chartered Institute of Arbitrators, and also conducts private FDRs.  She is collaboratively trained and a member of Resolution.

Burgess Mee Family Law is an award-winning firm offering the full range of family law and private client services from three offices across London. Founded in 2013 by Antonia Mee and Peter Burgess, Burgess Mee offers high quality, bespoke family law and private client advice and service whilst being more cost effective than its City competitors.

The firm comprises 26 fee-earners (including six partners) from leading firms in and around London. All solicitors belong to Resolution, which promotes the constructive settlement of family matters.

 

Life After Divorce: Protecting Your Financial Future and Updating Your Will

Rachel Miskin
Solicitor and Partner
Family Services Team
Bridge McFarland

Psychologists and researchers widely recognise divorce as one of the most challenging and emotionally demanding life events a person can experience. For many individuals, it is a deeply distressing process that involves a profound sense of loss, changes to identity and personal relationships, and significant social, familial, logistical and financial upheaval.

While the emotional impact of divorce is often the most immediate concern, it is equally important to consider the long-term financial and legal consequences. The decisions made during divorce proceedings can have a lasting effect on your financial security, estate planning and future wellbeing. Taking proactive steps at an early stage can help protect your interests and provide greater certainty as you move forward.

The financial aspects of a divorce can be particularly complex, especially where you and your former spouse are unable to agree on how matrimonial assets should be divided. It is a common misconception that the Final Order of Divorce severs all ties, but you will need a Financial Order to formally sever the financial ties between you and your former spouse. If you and your spouse can reach an agreement in terms of the division of assets a Solicitor can prepare the financial order for you reflecting that agreement. If you and your spouse are unable to agree the division of assets, in these circumstances, either party may apply to the court for a financial order, allowing the court to determine an appropriate settlement based on the specific circumstances of the case. However, court proceedings are generally more time-consuming, more expensive and often more stressful than reaching a negotiated settlement or resolving matters through alternative dispute resolution, such as mediation.

Protecting Your Financial Future

Once a financial settlement has been reached, it is important to ensure that your financial affairs are up to date and protected. The following steps can help safeguard your future after divorce:

  • Clean Break Order: Where appropriate, you can safeguard your future following a divorce by obtaining a Clean Break Order, a type of financial order that formally severs financial ties between you and your former spouse. A family solicitor can advise whether a Clean Break Order is suitable in your case and ensure that the order includes provisions dismissing future financial and inheritance claims. This provides greater certainty for both parties and helps prevent your former spouse from making a claim against your estate at a later date.
  • Review pensions and investments: Pension assets are often among the most valuable financial resources considered during divorce proceedings. If a Pension Sharing Order (PSO) has been made, it is essential to ensure that it is implemented correctly and within the required timescales. You should also review any remaining pension arrangements, investment portfolios and savings accounts to ensure they continue to reflect your financial objectives. Updating the nominated beneficiaries on your pension schemes is equally important, as these nominations may not automatically change following a divorce.
  • Consider tax implications: Be mindful of the Capital Gains Tax (CGT) implications of transferring assets following a divorce. Seeking professional legal and financial advice can help you understand your tax position and ensure that you make full use of any available personal tax allowances and reliefs. Careful planning can minimise unnecessary tax liabilities and help preserve your financial position.

 

Update Your Will and Estate Planning

When you divorce, you should also review and update your Lasting Power of Attorney and prepare a new will. Under UK law, a divorce does not automatically revoke an existing will in its entirety; instead, it generally treats your former spouse as though they had predeceased you, which may have significant implications for the administration of your estate. As such, it is important that you do the following:

  • Rewrite your will: Although a divorce generally treats a former spouse as having predeceased you for the purposes of an existing will, this can give rise to partial intestacy or other unintended consequences. To ensure your wishes are clearly reflected, it is advisable to prepare a new will that appoints your chosen beneficiaries, executors and, where applicable, guardians for your children.
  • Review other legal directives: You should also review and update any legal and financial arrangements to ensure your former spouse is removed where appropriate. This includes revoking or amending any Lasting Power of Attorney (LPA) in which they are appointed, as well as updating the nominated beneficiaries of any life insurance policies to reflect your current wishes.
  • Appoint trustees for children: If you have children under the age of 18, you should consider incorporating appropriate trust provisions and appointing legal guardians in your new will. This helps protect your children’s inheritance and ensures their financial interests are safeguarded until they reach adulthood.

Seek Professional Guidance

Divorce is rarely straightforward. Even where both parties remain amicable, legal, financial and practical issues can quickly become complex. Most divorces take between 6 and 7 months (around 26 weeks) to conclude, although more complicated matters involving finances or children may take considerably longer.

Seeking advice from an experienced family solicitor at an early stage can help you understand your legal rights, negotiate a fair financial settlement and avoid costly mistakes. Where appropriate, your solicitor can also work alongside financial advisers, tax specialists and estate planning professionals to ensure that every aspect of your post-divorce arrangements is properly considered.

With the right professional guidance, you can navigate the divorce process with greater confidence, protect your financial interests and establish a secure foundation for the future. Although divorce represents the end of one chapter, careful planning and informed legal advice can help ensure that the next begins on the strongest possible footing.

About Rachel Miskin

Rachel is a Solicitor and Partner at Bridge McFarland‘s Family Services team.

Rachel assists with a wide range of family matters including divorce and financial disputes following the breakdown of marriage or separating parties together with issues arising in relation to children. Rachel is a compassionate solicitor who deals with cases involving local authorities, providing advice and representation to parents.

Rachel is also proud to be heavily involved in the recruitment, development and supervision of Bridge McFarland‘s Trainee Solicitors.

Rachel is the Chair of Women in Business Hull for 2026.

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Divorce: How a Family Law Solicitor Can Help You Resolve Matters Out of Court

Elspeth Kinder, Head of JMW’s Family Law Team, discusses how a family law solicitor can help clients resolve divorce matters out of court through mediation, negotiation, arbitration and other strategic solutions.

For many individuals, divorce involves far more than the legal process of bringing a marriage to an end. It can include making decisions on complex financial arrangements, business interests, property portfolios, pensions, trusts. Those divorcing may also have concerns around privacy, family relationships and future financial security. In the right circumstances, resolving matters out of court can provide a constructive, flexible and discreet way forward. With the support of an experienced family law solicitor, it is often possible to reach a fair outcome without the intervention of the court, whilst retaining greater control over the process and the overall approach to negotiations.

Clear advice from the outset

Taking legal advice at an early stage can make a significant difference to how your case progresses. Particularly in high net worth divorce matters, there may be immediate questions around financial disclosure, valuations, liquidity, tax, and the best way to protect your position. An experienced family law solicitor will understand the issues from the outset, identify the priorities and develop a strategy that is tailored to your circumstances. This early clarity can reduce unnecessary conflict and place negotiations on a more productive footing.

Choosing the right form of non-court dispute resolution

There are several ways to resolve divorce-related issues outside of court, including solicitor-led negotiation, mediation, collaborative law, and arbitration. Each process works differently, and the right option will depend on the complexity of your case, the level of cooperation between you and your spouse and the outcome you are trying to achieve. Some cases benefit from the flexibility of mediation, while others may be better suited to arbitration where a binding decision is needed on a particular issue. A specialist family law solicitor will explain the advantages and limitations of each route and help you choose the most appropriate process for your circumstances.

Protecting your interests in complex financial cases

High net worth divorce cases often involve assets that require detailed analysis, such as family businesses, investments, inherited wealth, offshore structures, trusts and substantial pensions. Resolving these matters out of court does not mean taking a less rigorous approach. On the contrary, thorough preparation is often what makes successful negotiation possible. A solicitor with experience in complex financial remedy cases will work closely with barristers, accountants, valuers and tax advisers where needed, so that discussions are informed, realistic and focused on achieving a fair settlement.

Privacy as a key consideration

For many clients, privacy is an important factor when deciding how to approach divorce. Court proceedings can feel intrusive, particularly where there are significant assets, business interests or sensitive family matters involved. Out-of-court resolution can offer a more discreet setting in which to negotiate and resolve issues, helping to limit unnecessary exposure and keep personal and financial matters private wherever possible. An experienced family law solicitor can advise on the processes most likely to support confidentiality while still working towards a fair and practical outcome.

Working towards a fair and lasting outcome

A good outcome is not simply one that resolves the immediate dispute. It should also provide clarity, stability and a workable framework for the future. This is particularly important where there are children, ongoing business interests or continuing financial connections between the parties. A family law solicitor will help you keep sight of the bigger picture, balancing legal principles with practical realities.

Resolving divorce matters out of court can offer a more measured, private and effective way to deal with complex financial and family issues. With the right legal advice, it is possible to protect your interests, maintain greater control over the process and work towards a fair settlement that reflects your individual circumstances. If you are considering divorce and want clear advice on the options available to you, our family law team can help. Contact us today to discuss your situation in confidence and explore the most appropriate route forward.

About Elspeth Kinder

Elspeth joined JMW Solicitors in May 2018 as a Partner and Joint Head of the Family Team. Elspeth is recognised as a leader in her field by the legal directories Legal 500 and Chambers and Partners for her experience in all aspects of the law relating to personal relationships:

 

Divorce is Rarely About Just One Thing
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Divorce is Rarely About Just One Thing

Anthony Davis
Anthony Davis
Founder and Director
By Personal Touch

One of the most common misconceptions about divorce is that it is a single event. People often think of it as completing a form, obtaining a Final Order, and then moving on with life. In reality, those of us who work with separating couples every day know that divorce is rarely that simple. More often than not, the legal ending of a marriage is just one part of a much wider journey that affects finances, housing, children, future planning, and sometimes a person’s confidence in making decisions about the next chapter of their life. 

At By Personal Touch, we speak to hundreds of people every year who are at very different stages of that journey. Some contact us within days of a separation, feeling overwhelmed and unsure where to begin. Others have already spent months trying to resolve matters themselves and simply need help formalising an agreement. Some are facing court proceedings and need practical support to navigate a process they never imagined they would have to understand. What unites almost all of them is the feeling that they have been dropped into unfamiliar territory and are trying to make important life decisions without a map. 

It is often only when we begin talking through their circumstances that they realise divorce is not simply about obtaining a divorce. There are usually several important decisions that sit behind the legal process itself. Questions arise about the family home, pensions, savings, debts, arrangements for children, future inheritance planning, and the practical realities of building a new life after separation. Whilst every family’s circumstances are different, the same themes appear time and time again. 

Many couples who come to us have already managed to reach some form of agreement. They have had difficult conversations around the kitchen table, exchanged countless messages, and eventually found a way forward that feels fair to both of them. There is often a sense of relief when that point is reached. The conflict has reduced, communication has improved, and both individuals feel ready to move on. Yet one of the most important lessons we have learned over the years is that reaching an agreement is not necessarily the end of the process. In many ways, it is the beginning of ensuring that agreement is properly protected. 

A significant part of our work involves helping couples formalise financial settlements through Financial Consent Orders. Whilst this may sound like a technical legal process, the reality is that it is often about providing certainty. People who have worked hard to negotiate a settlement want reassurance that the agreement they have reached will stand the test of time. They want confidence that future financial claims have been properly addressed and that both parties can move forward without the fear of unexpected disputes years down the line. The value of that certainty should never be underestimated. Divorce is emotionally exhausting enough without leaving important financial matters unresolved. 

What often surprises people is that many of the most successful outcomes do not originate in a courtroom. They begin with a conversation. Mediation has become an increasingly important part of helping families navigate separation because it provides a structured environment in which people can discuss difficult issues constructively. There is a common misconception that mediation is only suitable for couples who get along well. In practice, we often see the opposite. Some individuals arrive frustrated, hurt, and convinced that agreement is impossible. Yet when provided with the right environment and support, many are able to have conversations that simply were not possible around the kitchen table. 

The reason mediation can be so effective is that it encourages people to focus on solutions rather than positions. Instead of concentrating on who is right and who is wrong, the discussion shifts towards what arrangements are needed for the future. This can be particularly valuable where children are involved. Whilst the marriage may have come to an end, the responsibilities of parenting continue long after the legal process is complete. Creating a framework for constructive communication can often prove more valuable than any court order. 

Of course, not every case can be resolved through agreement alone. There are situations where communication has broken down completely, where important financial information has not been disclosed, or where significant disputes exist regarding children or finances. When matters progress to court, many people find themselves entering a world that feels intimidating and confusing. The family justice system has its own procedures, language, expectations, and deadlines. For someone who has never previously been involved in legal proceedings, the experience can feel overwhelming. 

This is where practical litigation support becomes so important. One of the most rewarding aspects of our work is helping people understand the process they are facing. Fear often stems from uncertainty. When individuals understand what documents are required, what a hearing is likely to involve, and what steps come next, they are usually able to approach proceedings with far greater confidence. Whilst nobody chooses to find themselves involved in litigation, having guidance and support can make the experience significantly less daunting. 

Yet even once financial settlements have been agreed, mediation concluded, and court proceedings finalised, another stage of the journey often remains. Separation frequently creates significant changes in a person’s financial and personal circumstances. A family home may need to be sold or transferred. A new property may be purchased. Existing Wills may no longer reflect an individual’s wishes. Beneficiaries may need to be reconsidered, and future plans properly documented. 

It is remarkable how often people devote months to resolving their divorce but overlook the practical steps needed to protect their future afterwards. Updating a Will, reviewing ownership arrangements, and ensuring that property matters are dealt with correctly are all part of creating long-term security. These decisions may not carry the same emotional weight as the separation itself, but they are often just as important in helping people move forward with confidence. 

Over the years, what has become increasingly clear is that successful separations are rarely defined by a single document or a single court order. They are defined by whether people feel able to move forward with clarity and certainty about the future. The legal process is important, but it is only one element of a much bigger picture. Financial security, effective communication, practical support, and future planning all play a role in helping families transition from one chapter of life to the next. 

Every person who contacts By Personal Touch has their own story. Their circumstances, concerns, and priorities are unique. However, beneath those individual stories lies a common objective. They want reassurance that they are making the right decisions. They want to understand their options. Most importantly, they want to know that there is a pathway through what can often feel like one of the most challenging periods of their lives. 

Divorce marks the end of a relationship, but it should also provide the opportunity for a new beginning. When the right support is available, people are able to make informed decisions, protect what matters most to them, and build a solid foundation for the future. That is why we believe divorce is never simply about obtaining a divorce. It is about helping people navigate every stage of the journey, from reaching agreement and formalising settlements, through to resolving disputes, planning for the future, and ultimately moving forward with confidence. 

About Anthony Davis

Anthony Davis is the Founder and Director of By Personal Touch, a leading UK-based divorce support service helping separating couples navigate financial settlements, mediation, litigation support, and future planning. With a background in family law and dispute resolution, Anthony has assisted hundreds of individuals through some of life’s most challenging transitions, focusing on practical, affordable, and accessible solutions. He is passionate about helping people understand their options, avoid costly mistakes, and move forward with confidence following separation. 

For more information, visit www.bypersonaltouch.com.

When Court is the Only Solution in Divorce
A guide to when court may be the only solution in divorce, including the process, risks, and key considerations.
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When Court is the Only Solution in Divorce

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

As a niche family law firm which champions a non-confrontational approach to divorce, Jones Myers always strives to offer our clients alternative options to a court divorce such as mediation or collaborative family practice. 

Clients undergoing divorce are at a crossroads of their lives and do not take such an enormous decision lightly. It presents numerous emotional, financial and practical challenges, even where both agree the relationship is over.  

While our experienced family law experts do everything we can to help them to choose the right path for their circumstances, sometimes going to court is the only viable option. I explain in more detail below.     

In what circumstances do couples choose a court divorce? 

This largely depends on the advice they receive. Whilst most lawyers will explain all the Non Court Dispute Resolution (NCDR) options to clients, some, who may perhaps have less or no experience in this area, are more inclined to recommend court applications.  

The court process has its place. A Judge can compel the production of financial information, ultimately, though rarely, by sending someone guilty of non-disclosure to prison. The court can also order third parties, such as accountants and other advisers who hold information relevant to the case, to provide information. 

In extreme cases – in particular where there is a lack of engagement in the process – a court can make orders without engaging with one of the couple. 

What is involved in a court process?

Before an application can be made to the court for a Financial Order – which sets out how the financial assets of separating couples will be divided – an application must have been made for a divorce or dissolution of a Civil Partnership. The various steps required can be found here.

Before applying for a Financial Order or a Child Arrangements Order – a court order court  setting out the living arrangements of a child or children involved in the divorce – the person proposing to make the application must either attend a Mediation Information and Assessment Meeting (MIAM) or be eligible for one of a small number of exemptions.

The MIAM assesses whether mediation is an option for the separating couple. A financial application starts with the exchange of full financial disclosure which is then followed by a series of up to three main court hearings.   

What are the advantages of a court process? 

Court applications are often started because one of the couple refuses to engage. Only a Judge can compel someone to produce documents or make orders in the absence of co-operation.

The court’s role is to encourage couples to make agreed decisions about their finances and children. However, some couples, for a variety of reasons, are simply unable to reach agreement and need someone to make that decision for them.  In default of agreement, the court can impose binding decisions on them. 

…and the disadvantages?

In court proceedings couples run the risk that they will lose control of decisions which will affect them for years to come. They may well not agree with what the court imposes but in reality will find it difficult to do anything about it – appeals are rare and costly. 

There is no guaranteed privacy in a court divorce – journalists can obtain permission to report in family law courts on cases involving finances and/or children’s wellbeing and future.   

Couples are appointed a judge, who is unknown to them, and who potentially makes vital decisions on key issues about their future. Continuity is not assured, with different judges often involved at different stages of the proceedings.  

Court hearings can be costly, stressful and time consuming. They heighten conflict between the couple which inevitably has a negative impact on their children and wider family.  

The duration of a court divorce can vary significantly from a few months to years if the issues are  contested. The court system is under strain and there is always the risk that a hearing may be cancelled or put off if there is insufficient court time or no available Judge. 

Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable.  Negotiated agreements are easily converted into court orders without the need for any hearings. 

What are the first steps for those in this situation to take?   

Knowing where to start on this path can seem overwhelming. Whichever route you take, it is vital to secure the best possible legal advice from highly experienced family law professionals like Jones Myers who are members of family law group Resolution and have a strong track record in their respective fields.  

In circumstances when going to court is a client’s only viable option, Jones Myers is highly experienced in litigating in all court arenas from the Magistrate’s Court through to The Supreme Court.

Our legal experts are dedicated to safeguarding our clients’ best interests throughout the process, taking into careful consideration their immediate and long-term needs – and helping them to face the future with confidence.

For queries on divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce.

Read more articles by Jones Myers.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements. 

A skilled Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk  01904 202553, www.jonesmyers.co.uk 

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Why Clear Records Matter So Much During Co-Parenting After Separation

Patrick Caia
Founder, Calm Co-Parenting

Separation is rarely just one conversation or one decision. For many parents, it becomes a long period of uncertainty, emotion, practical changes, and difficult communication. In the middle of that, it can be very easy for important details to become scattered across text messages, emails, phone calls, memory, screenshots, receipts, calendars, and conversations that happened in the moment.

For separated parents, clear records are not about being difficult or trying to “build a case” against the other parent. At their best, records are about clarity, protection, and reducing confusion. They help parents understand what has actually happened, what was agreed, what still needs to be resolved, and where patterns may be developing.
One of the hardest parts of co-parenting after separation is that communication often happens under stress. A message sent quickly in frustration can be interpreted differently later. A handover arrangement may be agreed verbally but forgotten. A school expense may be paid by one parent and disputed by the other. A change to care arrangements may feel obvious to one person but unclear to the other.
When everything is kept informally, separated parents can end up relying on memory at exactly the time when memory is least reliable. Stress, lack of sleep, fear, grief, and conflict all affect how people remember events. This is why a calm, factual record can be so valuable.
A useful co-parenting record does not need to be emotional or complicated. In fact, the most helpful records are usually simple, factual, and consistent. They might include the date, time, what happened, who was involved, what was agreed, and any relevant follow-up. For example, instead of writing “They were impossible again at handover,” a clearer record would be: “Monday 3 June, 4:00pm. Handover was due at school. Other parent arrived at 4:35pm. No message was received before the delay. Child appeared settled.”
That difference matters. The first version captures emotion. The second captures information. If the issue happens once, it may not mean much. If it happens repeatedly, a factual record helps show a pattern without needing exaggeration.
Clear records can also reduce conflict because they give parents something concrete to refer back to. Instead of arguing about what was said or agreed, parents can look at the actual message, calendar entry, receipt, or note. This can be especially helpful where communication has become tense or where one parent feels they are constantly having to explain themselves.
Records are also useful when professionals become involved. Family lawyers, mediators, counsellors, parenting coordinators, and support workers often need a clear understanding of what has been happening. If a parent arrives with hundreds of screenshots and no timeline, it can be difficult for anyone to see the bigger picture. If the same parent arrives with a structured history of key events, agreements, expenses, communication issues, and concerns, the conversation can become much more focused.
For parents going through family law proceedings, clear documentation can be particularly important. Courts and legal professionals generally need evidence, not just feelings or broad statements. A parent may know they have been trying to cooperate, or that arrangements have repeatedly broken down, but it is much easier to explain that when there is a calm record showing dates, messages, missed arrangements, expenses, or changes over time.
That said, record keeping should never become obsessive or reactive. The goal is not to document every minor irritation. The goal is to keep a reliable account of the things that genuinely matter: parenting arrangements, communication about the children, expenses, school and medical information, handovers, agreements, incidents, and changes to care.
A good question for parents to ask is: “Would this information help me, the other parent, or a professional understand what happened more clearly later?” If the answer is yes, it is probably worth recording. If the answer is no, it may be better to let it go.
It is also important that records are kept respectfully and securely. Co-parenting information often involves children, private family details, finances, and sensitive communication. Parents should think carefully about where this information is stored, who can access it, and whether it can be retrieved if needed.
For many separated parents, the emotional benefit of keeping clear records is just as important as the practical one. When everything is scattered, the situation can feel chaotic. When information is organised, parents often feel a little more grounded. They may still be dealing with a difficult situation, but they are no longer relying only on memory or emotion.
Clear records do not solve every co-parenting problem. They do not replace legal advice, mediation, or therapeutic support where those are needed. But they can make a difficult situation more manageable. They can help parents communicate with more structure, prepare for professional conversations, and protect themselves from confusion.
Most importantly, clear records can help keep the focus where it belongs: on the children, the arrangements that support them, and the practical steps needed to move forward.

About Patrick Caia

Patrick Caia is the founder of Calm Co-Parenting, a platform built to help separated parents communicate more clearly, stay organised, and keep structured records during co-parenting. Created from lived experience, Calm Co-Parenting supports parents with messaging, calendars, expenses, documents, diary notes, and evidence-ready records designed to reduce confusion and support calmer decision-making.

Visit Calm Co-Parenting

The Pathfinder Process: Putting Children First in Divorce

Arzu Lone
Arzu Lone
Divorce & Family Law Solicitor
Woolley & Co Solicitors

The Child Impact Report: What Separating Parents Need to Know

Family court proceedings have traditionally been seen as time-consuming and emotionally draining, with important concerns around safety not always addressed as early as they should have been. To address this, the Pathfinder Courts pilot launched in Dorset and Wales in 2022, before expanding across South-East Wales, Birmingham, West Yorkshire, and several other regions. The pilot significantly reduced the time to resolve cases by more than seven months and has been widely welcomed. In March it was announced that the process – now known as Child Focused Courts – would be expanded throughout England and Wales. 

At the heart of this new system sits a single document: the Child Impact Report (CIR). Here is what every parent needs to understand about it. 

What the CIR Is and Who Prepares It

The Child Impact Report is a comprehensive welfare assessment that provides a child-led analysis of a child’s lived experience, safety, and emotional needs. Governed by the Child Impact Assessment Framework (CIAF), it replaces the traditional Safeguarding Letter and Section 7 report with a single investigative document filed early in proceedings. It is prepared by a Family Court Adviser (FCA) from Cafcass – the Children and Family Court Advisory and Support Service – or, where children’s services are already involved, by a local authority social worker.  

The CIR is split into two parts. Part 1 is the main report, completed first. The court can order a Part 2 report if anything has changed for the child or more information becomes available after Part 1 was conducted.  

When Does the Process Begin?

The Pathfinder process begins when an application (C100 or C1A) is issued. The court reviews the application and sends an order to Cafcass on Day 1. Safeguarding checks are completed within seven working days. The case is allocated to a Family Court Adviser, and if a full assessment is required, the FCA completes the Child Impact Report within 40 working days, minus the seven used for initial screening.  

For parents, this means the clock starts immediately. There is no extended period of procedural delay before Cafcass becomes meaningfully involved, and that changes everything about how parents need to prepare. 

What Parents Are Asked to Provide

Cafcass will make enquiries with the police, local authority where required, and schools, and will contact the parties to discuss the children and any risks posed to them. Parents can expect to be contacted by their FCA relatively quickly. The CIR sets out basic information about the family and collates information from different sources, including schools, health agencies, and wider family members. Where appropriate, it also incorporates a risk assessment from a domestic abuse specialist.  

How Children Are Involved

Children are seen in person within 15 working days from allocation, where appropriate. For younger children, this may involve observation during a home visit rather than a formal conversation; for older children and teenagers, a more direct discussion is likely. Decisions about interviewing children are generally taken sensitively, especially where children have special needs, with schools the preferred venue.  

Crucially, children are not being asked to choose between parents. The purpose is to understand their experiences, concerns, and wishes so these can properly inform the court’s decision-making. A child who expresses a preference is not casting a deciding vote – the court weighs those views alongside age, maturity, and all other welfare considerations.  

Things Worth Knowing Before You Start

Most parents going through this process are doing their best in genuinely difficult circumstances. The points below are a heads-up about common misunderstandings that can make things harder than they need to be. 

Keep the focus on your child, not your co-parent. It’s natural to want to explain the full history of what’s gone wrong. But the CIR is about your child’s experience and welfare, not about who was right or wrong. You’ll make the most of your time with the FCA by coming prepared to talk about your child – their routines, friendships, how they’ve been coping, and what they need. 

Try not to prepare your child for their Cafcass visit. A brief, calm reassurance that someone wants to find out how they’re doing is fine. But coaching them on what to say, even with good intentions, puts them under pressure. FCAs are skilled at helping children feel at ease, so the best thing you can do is let that happen. 

Your child won’t be asked to choose sides. The FCA’s role is to understand your child’s feelings and experiences, not to ask them to make a decision. Be careful how you explain the process to them – framing it as “you get to tell the judge where you want to live” can create anxiety and unrealistic expectations. 

Respond to Cafcass promptly. The early stages are crucial, as information provided at the outset can shape the entire case. Getting back to Cafcass quickly ensures your perspective is fully reflected in the report.  

If you disagree with the CIR, there is a proper route. Any challenge should be made within seven days of the second gatekeeping hearing by applying to vary the order. Speak to your solicitor – that is always more effective than contacting the Cafcass officer directly. 

How to Approach the Process Constructively

The most useful reframe for any parent is this: the question is not “how do I win?” but “how do I help the court understand my child’s life and needs?” 

Courts under Pathfinder expect parents to demonstrate insight into their child’s experience and the impact of parental conflict. A parent who can speak coherently about their child’s routines, friendships, school life, emotional needs, and how the separation has affected them – rather than primarily about the failures of the other parent – is far more likely to make a positive impression on a Family Court Adviser.  

If there are genuine safety concerns – domestic abuse, substance misuse, or risk of harm – these should be raised clearly and factually. Specialist domestic abuse organisations may conduct risk assessments and provide ongoing support throughout proceedings. Parents who have experienced abuse should not be deterred from raising it out of concern that Pathfinder’s emphasis on non-adversarial resolution means serious risks will be minimised. The CIR specifically incorporates domestic abuse risk assessment where relevant.  

What Happens After the CIR Is Submitted

The judge reviews the CIR and decides how to proceed. This may involve referring parents to mediation or non-mediative interventions, ordering further assessments, making an interim order, or holding a decision hearing to make a final order.  

Cases without complex safety concerns, but where agreement cannot be reached, may be allocated to the adjudication track and proceed to a decision hearing. More complex cases – typically involving allegations of domestic abuse requiring fact-finding – are allocated to the case management track. While these may require multiple hearings, the court has clearer information about risks and welfare concerns from a much earlier stage.  

This new model means that the first court hearing may also be the last. Because the CIR has already placed comprehensive welfare information before the court, judges can and do make final orders at the first Information and Decision Hearing so the importance of the Child Impact Report cannot be overstated.

Read more articles by Woolley & Co Solicitors.

About Arzu Lone

Arzu Lone is a family solicitor with Woolley & Co, Solicitors. She is based in Sutton Coldfield and is focused on helping clients at every stage of separation and family proceedings. Arzu brings over 15 years’ experience specialising exclusively in family law, advising clients on all aspects of relationship breakdown including divorce, financial settlements and children matters. She also has particular expertise in complex cases, including cross-border divorce and high-conflict children disputes involving sensitive issues such as coercive and controlling behaviour.

Powerful Partnerships: Jones Myers and The Divorce Magazine

Nicki Mitchell
Partner
Jones Myers

Jones Myers niche family law firm was among The Divorce Magazine’s first collaborators when it launched in January 2013 – and is delighted to remain a key partner in the publisher’s dynamic journey.

Offering a valuable resource comprising legal, financial and emotional support on divorce from established and respected family law experts chimes with Jones Myers ethos to enhance understanding of family law – and the options, guidance and support available to those in need.

As a practice achieving top rankings in esteemed legal guides for over three decades, TDM’s platform enables us to share our extensive expertise.

For example, many separating couples believe that going to court – which can be expensive, drawn out, and stressful – is the only way forward. Our articles explain how alternatives, such as mediation and collaborative family practice, are conducted in a spirit of cooperation with the aim of resolving matters without the need for court proceedings.

At the forefront of complex areas of children law, including international child abduction, we share insights on how concerned parents can spot warning signs along with advice on other key issues including child arrangement orders, co-parenting, alienating behaviours and grandparents rights.

Understanding only too well how the financial aspects of divorce can be bewildering to those who have not managed practicalities such as tax and direct debits during their relationship, we focus on pertinent areas such as common financial mistakes and related topics like pensions and financial settlements.

Social Media Benefits

Great partnerships always aim to be reciprocal, and additional benefits of this collaboration see TDM and Jones Myers raise awareness of content across our respective social media channels, reaching thousands of followers across LinkedIn and Twitter. I have also been involved in a  podcast with a panel which was well received.

Client Feedback  

Joining Jones Myers as a partner in 2019, I am delighted with feedback from clients and partners on our articles which have been read by almost 88,400 readers in the last three years alone. The need for, and interest in, TDM’s offering looks set to further increase following its  22% readership expansion from 99,000 to 183,000 across 2024-2025.

We have always enjoyed working with Amey and the upbeat team at TDM who are receptive to ideas and pro-actively invite contributors to share their knowledge, experience, and perspectives in the monthly TDM Contributor Update.

TDM’s continued success is well deserved and Jones Myers looks forward to sustaining our long lasting and mutually beneficial partnership with its team.

Read more articles by Nicki Mitchell.

Read more articles by Jones Myers.

About Nicki Mitchell

With over three decades of experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled Mediator, Child Inclusive Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk

The Most Common (and Costly) Mistakes People Make During Divorce

James Pirrie
James Pirrie
Director at
Family Law in Partnership

After more than four decades working with separating families, I have learnt that while every relationship is unique, the mistakes people make during divorce are often strikingly similar.

Time and again, I see good people lose time, money and emotional energy by approaching separation in ways that unintentionally make matters worse. Some delay getting advice. Others become trapped in conflict, guilt or the pursuit of “fairness” at any cost. The good news is that most of these pitfalls are avoidable.

Whether your separation is relatively amicable or highly complex, understanding the common mistakes people make during divorce proceedings can help you protect your finances, preserve your wellbeing and move more quickly towards a workable future.

These are some of the issues I encourage people to address:

  1. Not getting started

Not every falling out leads to separation but problems left unresolved often become more complicated over time.

When you know the relationship cannot return to where it was, getting advice early can help you move forward with more clarity and confidence.

  1. Overlooking “safety first”

In some situations, separation follows a relationship affected by power imbalance, coercion or control. That does not always mean the first step is seeking injunctions, which can increase tension and costs and may only be necessary in a minority of situations.

It does mean taking time to consider how you can protect your wellbeing and approach discussions from the strongest possible position.

If you need help to leave safely, there are amazing organisations that can help you manage a safe exit.  Everything follows from this.

  1. Forgetting that there are only so many ways forward

In most situations, there are only a small number of possible outcomes:

  • You reach an agreement together
  • Things remain unresolved
  • An outcome is imposed through a legal process.

If an outcome is imposed, it is likely to reflect the legal framework rather than either person’s sense of fairness or preference.

  1. Falling back on personal morality when the law is involved

Whether acting as a representative, mediator, arbitrator or within the one lawyer process, I often hear people express their position in terms of what feels fair or unfair.

Those feelings are understandable. But once the law becomes part of the solution, the focus changes.

The questions usually become:

  • What are the facts?
  • What are the relevant legal principles?
  • Applying those principles to the facts, what range of outcomes is likely?
  • What solution can realistically be achieved within that range?
  1. Rolling over too quickly

Seeking resolution does not mean giving up too much simply to bring matters to an end.

Many people agree to arrangements they believe are unfair, simply to achieve a quick conclusion, later regret doing so.

It is important to understand your position, hold onto the points that matter most, and work towards a solution that feels balanced and sustainable. Compromise is often necessary, but it should support a workable outcome rather than create future problems.

  1. Struggling to find the right process

Choosing the right process, with the right support, can make a significant difference to both the experience and the outcome.

You do not need to understand every process option at the outset. Your role is to:

  1. Find a professional you trust
    B. Be clear about the challenges, concerns and priorities for both you and your ex-partner.

A good adviser will help you explore the available options, whether that involves Mediation, Collaborative Law, Arbitration, Negotiation, Litigation.

They should also be able to connect you with other professionals, including financial specialists and counsellors, where appropriate. Their role is to help guide you towards the process most likely to support a constructive outcome.

  1. Seeking to dominate at all costs

In mediation, the most productive conversations often happen when people focus first on listening and understanding.

The barriers to agreement are often found within what the other person is trying to communicate. When both people approach discussions with openness and curiosity, progress is usually faster and more constructive.

Often, it is only by properly understanding another perspective that a workable solution can emerge.

  1. Forgetting that most situations have a solution

People often ask how long resolution will take. The honest answer is that it varies widely. Some matters can be resolved quickly, while others take years.

Over time, unresolved issues can become more complicated and emotionally draining. But with goodwill and the right support, many families can reach solutions that work well enough for everyone involved.

  1. Becoming stuck in anger, guilt or frustration

Many people find that emotional support is one of the most valuable parts of the process. Having space to process feelings can make it easier to stay focused on practical decisions and long-term outcomes.

At Family Law in Partnership we will usually encourage people to access therapeutic or counselling support, in particular through our BACP regulated colleagues.

  1. Waiting too long to get help

It is understandable to hesitate before involving professionals. Legal and therapeutic support can feel costly, both financially and emotionally.

Often trying to resolve everything alone can exhaust the goodwill that still exists between you. Early guidance often helps people move more quickly towards constructive solutions and avoid becoming stuck or drifting further apart in their positions.

Even where couples later continue discussions independently, having the right structure and support at the outset can make the process more productive and less draining.

  1. Losing sight of what matters most

If there is one area where common ground can often be found, it is in wanting the best for your children.

Keeping children’s wellbeing at the centre of discussions can help shift the focus away from conflict and towards practical, constructive solutions. In some situations, Child-Inclusive Mediation can help ensure children’s voices are heard appropriately and sensitively.

Prioritising what children need most often creates the strongest foundation for making decisions together about the future.


The aim is not to achieve a “perfect” outcome. It is to reach a solution that is fair, workable and allows everyone involved to move forward with stability and dignity.

Whether you are at the very beginning of separation, struggling to move discussions forward, or facing a particularly complex situation, Family Law in Partnership can help you understand your options and choose the process that best supports you and your family.


Read more articles by James Pirrie.

Read more articles by Family Law in Partnership.

About James Pirrie

James Pirrie is a Director of Family Law in Partnership, a highly regarded law firm based in London, which specialises in de-escalating conflict in family law.  He is an Arbitrator, Family Solicitor and Mediator accredited in child-inclusive mediation.

James is driven to improve long term outcomes for families who are experiencing separation or divorce.  He is credited with introducing collaborative law to the UK and with changing how children’s needs are addressed during family breakdown through the Parenting after Parting initiative.

4 Reasons You Shouldn’t Use AI to Get Divorced

Amanda Mason
CEO and Founder of SOLAGREEⓇ

After I graduated from law school, I spent years as a litigator fighting in the traditional family court system. I spent the early part of my career doing exactly what I was trained to do: fighting hard, pushing forward, and winning cases. But even when my clients “won,” I saw the immense collateral damage left behind. Once I personally experienced the trauma of taking the stand in my own custody trial, the reality became undeniable. The traditional, adversarial court system is a failing model that leaves families financially and emotionally drained. Fundamentally, it is an environment where someone is pitted versus someone, breeding an atmosphere of hostility and paranoia.

Today, clients are increasingly rejecting that adversarial approach. Nobody wants to pay a huge retainer with an open-ended billing structure, wait months for a meaningful update from their counsel, or spend years waiting to get into a backlogged courtroom. In a desperate attempt to avoid what I call the “divorce industrial complex,” many people are turning to artificial intelligence and LLM platforms to streamline the legal process, hoping for a faster, cheaper out.

The uncomfortable truth is that AI is actually not doing a half-bad job with the basic administrative aspects of divorce. Tools currently in development are designed to bypass our involvement entirely, allowing clients to simply push a button and file away. But while I fully advocate for bypassing the toxic, broken court system, turning your family’s future over to a robot is a dangerous gamble.

Here are four reasons why you shouldn’t use AI to get divorced, and why a human-centric alternative is still the only way to truly protect your peace and your wallet.

1. AI Cannot Read a Room or Understand Emotional Complexity

At our core, we are mammals. We crave and need a human touch, especially during our most vulnerable and terrifying moments. When one spouse decides to leave a marriage, both spouses’ fight-or-flight modes instantly engage, and trust—which is already battered—completely erodes. Divorce triggers profound emotional trauma, transforming the smartest, most accomplished people into individuals ruled by anxiety and fear.

Algorithms, no matter how advanced they may be, cannot read a room or understand emotional complexity. An AI cannot see the anxiety in a spouse’s face during a mediation session, nor can it validate a parent’s unique values and goals. When you are existing in a heightened state of distrust where every word feels like a trap, you need an objective human professional to guide you back to a rational headspace. Human professionals can dial down the anxiety at the outset and get people thinking more positively, something a computer prompt simply cannot do.

2. The Margin of Error is Terrifying

While AI might get the broad strokes right, the 5-40 percent that it gets wrong should be absolutely terrifying to anyone relying on it for a legal resolution. Divorce isn’t just paperwork; it dictates the division of your hard-earned assets, your future financial stability, and most importantly, the custody and support of your children.

A hallucination by an AI platform or a misunderstanding of nuanced state law could result in a disastrous final document. If your automated AI divorce makes a critical error, you will likely end up right back in the same expensive, backlogged court system you were trying to avoid, paying an attorney tens of thousands of dollars to try and untangle the mess. I went to law school to protect people’s rights, and prioritizing flesh-and-blood clients over data sets requires real human diligence.

3. Algorithms Cannot Craft Creative Compromises

AI platforms assume that you and your spouse can already agree on everything. But what happens when you don’t? Even the most “amicable” couples usually have complex financial or parenting issues to resolve.

Artificial intelligence cannot craft creative compromises that fit a family’s specific needs and goals. Only humans can do that. In a properly structured human process, you start by working with a Certified Divorce Financial Analyst (CDFA) who helps you deeply understand what’s actually in play financially, giving you the power to design your own outcomes. Likewise, a custody intake specialist can help validate each parent’s styles, often revealing that parents have more commonalities than differences. A skilled human mediator can then bridge the gap on difficult issues. An AI simply outputs standard templates based on algorithms; it cannot brainstorm an outside-the-box solution that saves your family’s specific business or protects a unique retirement plan.

4. AI Lacks the Binding “Safety Net” Needed for True Peace of Mind

The biggest vulnerability of any purely automated or unguided negotiation is that there is no safety net. With traditional “naked” mediation, collaborative law, or DIY AI tools, either spouse can walk away at any time. As long as that threat exists, neither party can truly relax or operate outside of a defensive posture.

A human-centric, phased approach—specifically mediated arbitration—solves this. In this method, couples commit to a binding process from the start. If you cannot resolve a specific issue through mediation, a vetted, private human arbitrator steps in to make a legally binding decision based on your state’s laws. This ensures that no single person can blow the whole thing up and drag it out for years. Knowing that this human safety net is in place organically lowers anxiety and pulls clients out of their defensive fight-or-flight mentality, allowing them to engage in dignified, rational compromise. An AI program cannot guarantee that your high-conflict spouse won’t suddenly abandon the software and hire a pitbull attorney.

Future-Proofing Your Divorce

I entirely understand the desire to escape the nightmare of traditional litigation. As a seasoned practitioner who has spent years watching the adversarial system rip everyone apart, I know exactly why couples are searching for a faster, flat-fee alternative.

But the answer is not to hand your family’s future over to an algorithm. To truly future-proof the profession and protect families, we must pivot toward human-centric, highly efficient alternative resolution frameworks. By utilizing a structured model that integrates CDFAs, skilled mediators, and private arbitrators, you can achieve the virtual, streamlined, and cost-predictable divorce you want—without sacrificing the vital emotional support and legal integrity you need.

At the end of the day, divorcing strong means maintaining who you are at the core of your soul all the way through to the end of the process. You deserve a divorce framework that prioritizes your dignity, neutrality, and humanity. Robots may be fast, but when it comes to your family, your finances, and your peace of mind, there is simply no substitute for the right humans.

About Amanda Mason

Amanda Mason is CEO and founder of SOLAGREEⓇ, a new divorce framework that blends mediation, arbitration, and financial planning professionals into one streamlined process. In addition to her role with SOLAGREEⓇ, Amanda is a partner at Mason, Mason, & Smith in Wilmington, NC and a certified mediator who provides assertive, effective representation in divorce, custody, and complex civil matters.

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