Since the recession hit we’ve all had to tighten our purse strings. And sadly this has meant more couples remaining in unhappy relationships because they think separation is too expensive.

A Grant Thornton study found half of solicitors stating the poor economy had led to a fall in the annual number of divorce proceedings. The couples and families involved generally don’t see this as avoiding divorce, just delaying it.

And it’s no surprise, we’re all aware the average household income has fallen and legal aid is now less available (or accessible). It could be seen as a good thing that couples are treading more carefully when it comes to committing to a divorce. But it can also mean many people enduring unhappy relationships for the sake of saving money.

If you’re considering divorce you’ve probably read a lot about litigation and how costly and stressful it can be. But don’t let that put you off seeking a solicitor’s advice. There are many more ways they can help. Most disputes at the end of a relationship are finally resolved through communication and agreement. And solicitors are trained and experienced in finding the best way for you and your partner to reach an agreement.

Below are some of the methods you should consider…

Mediation

This method doesn’t even involve a solicitor. You and your partner would choose an independent and unbiased third party who would assist the two of you in coming to an agreement. This could mean them being present during any discussions or acting as a messenger between the two of you.

Collaborative Practice

This process involves you and your spouse having individual legal advisors present at a series of meetings to discuss disputes and find needs-based solutions. These meetings look at what’s in the best interests of everyone involved; yourselves, your children and so on.

This can mean the result of the meetings being different to the decision a Sheriff or Judge would reach. This is due to the issue being opened up to input from a wider range of people and seen from various perspectives. So Collaborative Practice is arguably a fairer and more even-handed method of resolving disputes.

Come to an agreement yourselves

It’s often possible for the two of you to agree on the best course of action with the smallest amount of legal input. In this case your solicitor would begin by offering initial advice on your legal position. You would then independently come to an agreement with your partner and the solicitor would commit what has been agreed to writing.

Arbitration

This is similar to a hearing in front of a judge. Both you and your partner would have the opportunity to explain your position to a legally qualified person. They would then consider all aspects of the dispute and make a decision on what both of you should do next. And because this is Arbitration and not a hearing with a judge, the legally qualified person has far more options available in what they can order you and your partner to do.

Traditional negotiation

This takes place exclusively between your individual solicitors. They will exchange letters explaining your position and arguments and in turn will receive and consider the position of your partner. While this is the most formal method of dispute resolution, it avoids the need to go to court.

By using these alternative, more personable options you can solve your issues quicker whilst avoiding setting foot in a court, which is stressful and yes, very costly. They also offer far more options for resolving disputes and moving on with your life.

If you’d like any more information or advice on Scottish divorce, please get in touch