That means that going to court can be avoided except in those cases where, for example, one party or the other refuses to make proper financial disclosure, disobeys court orders and where the court's powers must be called upon to ensure that everyone has a complete view of the financial landscape as well as in a few other exceptional circumstances.
The advantages of avoiding court are overwhelming.
Nonetheless, whatever option is chosen, the involvement of financial experts is invariably vital. That can be to work as part of a team, to provide neutral, expert advice and to help implement what has been agreed or ordered by a court or arbitrator, by way of pension advice, re-mortgage and raising finance.
It is often the case that accountants and financial advisers have worked with one or both parties over many years before the divorce.
It is hoped that this article provides an insight into some of the 'do's and don'ts' and will promote an enhanced awareness of what facilities there are available when a relationship breaks down and a resolution is required.
There are better ways for families to resolve disputes and hopefully in a much shorter time span they will prove to be the norm, with greater awareness and a new generation of lawyers entering the workforce who are now being trained in these different forms of resolution from the start of their careers.
It should be remembered by solicitors that they have a duty to make sure that other non-court dispute resolution options are considered. These options will help financial advisers manage the fallout from a separation in a more controlled and collaborative way with their clients too.
Graham Coy is a partner in the family law team at Wilsons Solicitors
