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Is Your Soon-To-Be-Ex An Idiot?

Is Your Soon-To-Be-Ex An Idiot?

I’m going to bust a divorce myth that makes a mockery of any sane divorce strategy. It’s the one called: “Oh no, my husband/wife won’t use mediation.” Now stay with me, because you’re smart, right? And you don’t want to be making a mistake believing in a myth that could cost you thousands, and many years of strife? There has to be a divorce strategy that will work better than believing in myths?  Let me explain: Your spouse might currently be making mediation impossible – but think...

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Can Arbitration ‘rescue’ a mediation going off the rails?

Can Arbitration ‘rescue’ a mediation going off the rails?

  Rather than throwing your hands up in despair when a series of mediations look ready to collapse, and rail against the inability of the couple to decide on one specific area that they just ‘got stuck on’ – then why not give that couple the opportunity to let an Arbitrator decide for them? Not only do they stay out of court, but they also could continue the mediation process after that sticky patch was dealt with.  Doesn’t that not seem a sensible option? But...

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One of the new kid’s on the block: Arbitrator Nadia Beckett

One of the new kid’s on the block: Arbitrator Nadia Beckett

  Family Arbitration can rescue a mediated divorce from crumbling into a nasty expensive court battle, so should more mediators be paying attention to it as a resource for their clients? Nadia Beckett of Beckett Solicitors LLP explains the many benefits of using arbitration in a family law divorce setting.     Family arbitration could become a powerful new tool in the mediator’s toolbox, as it has done over the pond in the US and Canada.  It saves the client money and the...

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Arbitrators: Part of an Adversarial process – or a Peace process?

  There seems to be an assumption amongst even some Mediators and Arbitrators, that a mediation process that is foundering must be inherently one of conflict when a decision can’t be reached. That a couple have to be resolutely disagreeing over an issue as the only reason an arbitrator would be brought in. But sometimes the couple just don’t know the answer; they don’t know what to decide.   Intrinsically adversarial… Not!   I have been told: “Arbitration is...

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Family Arbitration: A Flash in the Pan?

Family Arbitration: A Flash in the Pan?

It seems clear that Family Arbitration has something to offer in the divorce arena, but will it be adopted by the legal profession as another tool in the divorce tool-box – or be quietly left in a cupboard to be brought into the light only by a small band of hard-core enthusiasts? It does have some limitations – currently, Arbitration cannot be used to decide children matters.   “Arbitration is certainly …a huge untapped resource at the moment… it can...

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Do Cohabitation Agreements and Postnups make your relationship stronger?

Do Cohabitation Agreements and Postnups make your relationship stronger?

I learned more about how to have a healthy relationship with my children’s father through having to co-parent in separate households than I did when we were together.  But there are easier ways to learn those lessons. By accessing the same level of professional and holistic support and guidance that couples benefit from when they take a healthy route through divorce, those of you who are wanting to create a Postnuptial Agreement or a Cohabitation Agreement can make future provisions for...

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Why Cohabitation Agreements are Essential

Why Cohabitation Agreements are Essential

When my 10 year relationship suddenly split and I found myself with three children under 7, without my name on the house deeds, no career or income, and no pension, I felt the full brunt of not having any marriage laws to protect my interests. I was unusual in that I knew I had no legal rights and that Common Law marriage is a myth.  I just never dreamt that my relationship would ever end. I had never heard of ‘Cohabitation Agreements’ – but if my daughter chooses to settle...

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The Seatbelt of Family Arbitration: a safety measure for divorce?

The Seatbelt of Family Arbitration: a safety measure for divorce?

In this second of a short series of articles, I explore how family arbitration could provide an element of psychological security on the bumpy road of the divorce journey.  I interview a range of family arbitrators about whether Arbitration saves the client money, and whether the arbitrator’s decision is always enforceable by law. As the court system struggles to keep it’s head above the rising fiscal tide, the reduced access to legal aid for court cases and ensuing explosion of DIY...

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Family Arbitration – The White Knight of a tricky divorce ?

Family Arbitration – The White Knight of a tricky divorce ?

Family Arbitration can rescue a mediated divorce from crumbling into a nasty expensive court battle, so should more mediators be paying attention to it as a resource for their clients? In the first of a short series of articles, I explore how family arbitration could become a powerful new tool in the mediator’s toolbox, as it has done over the pond in the US and Canada.  In part two I look at whether it saves the client money and whether the arbitrator’s decision is always...

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