What if I want to divorce my husband/wife but they have dementia?
Sarah French | 23.05.2019
A relationship breakdown is inevitably stressful, but there are ways to ease the strain and eliminate the anxiety of going to court. Mediation and collaboration are ways to reach an agreement through discussion and negotiation.
These routes are especially worthwhile if you have children. They will be able to see that you’re still working together to find a solution, in an atmosphere that’s conciliatory rather than confrontational.
In mediation, you and your former partner sit around a table (or occasionally in separate rooms) to discuss matters with the help of a neutral third party, the mediator.
You decide the issues for discussion in mediation, which often focus on divorce and separation, financial issues and dealing with arrangements or disputes relating to children. The mediator helps to facilitate the process and guide the discussions, but the decisions about the outcomes are yours.
Mediation is a flexible and bespoke process which will move at your pace, with as many sessions as you require. It is completely voluntary and you are free to withdraw at any time.
For more information visit our Mediation page.
For more information on costs and to arrange your initial fixed price individual meeting please call Sarah French on 023 8071 8878.
The collaborative approach is where both of you and your respective solicitors engage together in a number of face to face meetings to help settle points between you, typically involving your children and finances.
As solicitors, we will give you both ‘real time’ legal advice, practical help and guidance in these meetings, which are intended to be informal and constructive so you can openly explore different options in a safe and managed environment. Several members of our Family law team are accredited collaborative solicitors.
If you and your partner are struggling to reach an agreed outcome, you may want to consider using arbitration as an alternative to going to court. As a couple you can choose the arbitrator who acts as a ‘judge’. The benefit of arbitration over a court process is that you will always have the same ‘judge’.
You can choose the timing of the process to suit you (rather than a court schedule), and you know you’ll be heard at a given time on a set date, rather than having to wait in the court precinct.
The decision of the arbitrator is final and the couple agree to be bound by that decision. As your solicitors, we would prepare your case for arbitration and be by your side every step of the way.
Sarah French | 21.05.2019
Sarah French | 10.05.2019