• Guarantee the legality of all documentation drawn up for, or signed by their client
• Communicate with their client to obtain the information necessary to support the grounds for divorce
• Assess and advise their client regarding the law and their rights
• Communicate with the other party’s lawyer, and the court where necessary
• Represent their client in court if required.

Family solicitors know that one of the most significant causes of grief when couples separate is the division of assets. A cohabitation agreement clearly sets out the financial rights and responsibilities of both parties while they are living together, and what will happen if the couple separates. Cohabitation agreements are also a way of ensuring a partner is financially protected in the event the other dies.

Our cohabitation agreement lawyers can help you:

• Understand your legal rights and responsibilities
• Explain the implications of taking out joint debts and bank accounts
• Ensure financial provision is made for the surviving partner in the event the other dies
• Make plans for the support of any children you have together

Mediation is a structured discussion between those having a disagreement – such as a couple who are separating – and an impartial third party called a mediator. Mediators do not have to have a legal background, but some family lawyers are also mediators and trained in facilitating productive conversations. They can’t give you legal advice, and they won’t make or recommend any decisions for you. Separation and divorce mediators are skilled at helping couples talk through their disagreements in a respectful, non-confrontational way.

Mediation assumes both parties are willing to make reasonable compromises for the sake of a common goal, whether that is a smooth and amicable divorce or keeping relationships positive for their children’s benefit. Both parties will have an opportunity to say their piece, with the mediator guiding or stimulating the conversation in a way that promotes understanding between the people.

The aim is that an agreement is reached that both parties are happy to commit to, without the stress or expense of having to obtain a Court Order.

• Retaining control over key aspects of your life. If you need a court order to decide things like where your child will live and how much contact the other parent has, they may determine a solution which neither of you is happy with. Collaborative family law gives you flexibility in deciding outcomes.
• Building a respectful relationship with your ex-partner post-separation. As newly separated parents you are both be facing the same concerns and challenges. Collaborative practice will help you understand the other’s perspective, and assist them to understand yours, which can make any decisions more relevant.
• Saving money and time. Court proceedings are expensive, stressful, and dictated by a court’s calendar. Collaborative practice will save you money and let you work through issues at a pace that suits you and your family.
• Giving you an advocate. Unlike mediation, which is overseen by one impartial person who may or may not be a lawyer, your collaborative lawyer will be present at every discussion so you do not have to worry if you do not understand an aspect of family law, or be fearful you may agree to something which turns out to be a mistake.

A clear separation agreement can assist in an amicable separation by explicitly setting out expectations and responsibilities of both parties. Mediation and collaborative law practice can help you find mutually agreeable solutions if you are stuck on any specific details, making your separation agreement something you have chosen rather than been directed to do by a judge.

Aspects of your separation agreement can include are:

• Who will be financially responsible for the mortgage, rent, and other household bills if you are still living at the same property
• How debts, savings and assets will be divided
• Which parent children will live with, and how frequently they will see their other parent
• Whether one partner will pay maintenance to the other partner
• Issues regarding a business if it is owned jointly

The process of creating a separation agreement is less expensive and faster to arrange than a divorce. It does not require a couple to go to court which can help to prevent conflict and ill-feeling, and keep relations amicable.

A separation agreement is not as final as a divorce. You are still legally married and, as such, your partner may be entitled to make further claims. Although they are often upheld in court, it is not binding and can only be changed if both parties agree to the alterations. A court may still override any aspects of your separation agreement in the event you file for divorce.