Last time on the blog I explained what the new express financial remedy procedure pilot scheme is, how it works, and who can benefit from it. Take a look here if you missed it. This time we’re going to explore three reasons why you might consider opting out of the scheme, even if you’re eligible.
1.You can reach an agreement out of court
This new scheme is designed to streamline the financial remedy process, by making timescales clearer from the outset, simplifying paperwork and reducing the number of hearings. This in itself is a positive move, and is likely to save you money compared to the standard process.
However, there’s a way to reduce the time and costs involved even further – and that is through non-court dispute resolution (NCDR). NCDR includes mediation, arbitration, negotiation, and collaborative law. Let’s have a quick reminder of each of these approaches:
- Mediation involves a discussion with your soon-to-be-ex facilitated by a trained, impartial third party. A mediator won’t rule on a decision, but will guide open communication to help you reach a resolution together. The agreement is then drawn up as a Consent Order and approved by the court. Mediation is recommended as a first option for most couples.
- Negotiation is communicating with one another, either directly or through lawyers, to come to an agreement, which then needs to be drawn up into a Consent Order, as with mediation. This can be the cheapest way to reach agreement – though you may find yourself losing out financially in the future if you come to an agreement without professional advice.
- Arbitration is where a professional arbiter hears both sides of the dispute and makes a binding decision. It is often much quicker than the court process.
- Collaborative law involves you and your soon-to-be-ex both engaging a lawyer, then all working together to reach a resolution, without recourse to the courts. This is designed to create a problem solving rather ‘you vs me’ ethos.
2.Your soon-to-be-ex is hiding assets
The express process only applies to cases where the assets (excluding pensions) are £250,000 or under. What if you suspect your soon-to-be-ex isn’t being entirely honest with their finances?
In that case you would be wise to opt-out of the express scheme and seek expert help. If your case has already started you can apply to leave, and revert to the standard scheme. You can also apply to leave the scheme if you discover, partway through the process, that your assets are valued above the £250,000 threshold.
3.You are in an abusive or controlling situation
I always urge caution if your soon-to-be-ex is pushing to get your divorce settled as quickly as possible, especially if they are saying something like ‘leave it with me, I’ll handle it.’
Abuse comes in many different shades. And financial control can appear with a ‘nice’ veneer. If you’ve been in a marriage where your other half has taken care of the money, and they want to continue to do that as you navigate divorce, please take a moment to consider your situation.
It is possible that they are being ‘nice’, and fair. It is also possible that they are taking charge, and pushing everything through without you having a chance to scrutinise. If this is the case you should ensure you do your research, and get professional eyes on your case if at all possible. Certainly do not allow yourself to be steamrollered into agreements.
The express scheme is there to make things simpler, and if you are in a marriage with under £250,000 in assets, and need to get the courts involved in your financial remedy, it is likely to be a less stressful and costly experience than the standard scheme.
However, there is no replacement for being as informed and prepared as possible, whatever route you take – court or not, express or not.
Please make sure you know your numbers – and if you’re not sure what I mean by that, book a free call to see how I can help you!
About Emma
Emma Heptonstall, the Divorce Alchemist is the author of the Amazon best-selling book How to be a Lady Who Leaves, the Ultimate Guide to Getting Divorce Ready. A former lawyer, Emma is a family mediator and founder of Get Divorce Ready, the online self-study programmes, and the newly released ‘Should I be a Lady Who Leaves?’. For More Information on Should I be a Lady Who Leaves? click here.
Emma has been featured on BBC Radio, The Telegraph, the iPaper and in Marie Claire Magazine. Emma is also the host of The Six Minute Divorce Podcast. To find out more visit www.emmaheptonstall.com
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