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Sorting out property ownership when couples separate

Sorting out property ownership when couples separate

Illustration depicting a set of cut out printed letters formed to arrange the word mediation.

When couples are separating, the first issue they seek to sort out is how their properties will be distributed. Very often, they choose to settle the dispute in court, but it is not the only available way. It is a viable option, indeed, but there exists more than one option to solve this type of issue. In fact, it is also possible to choose mediation and this is arguably a better alternative than the aforementioned one. It has many benefits that will be discussed in this article.

What is family mediation?
First and foremost, one needs to understand what it is in order to comprehend its implications. Family mediation is a mechanism that is present in the English Legal System and whose aim is to help couples settle their disputes quicker. It is an alternative to court and, here, the parties do not stand in front of a judge, but a mediator. It is worth noting that the latter is a fully trained professional, not just a person that has been selected at random to give his opinion. His job is to end all disagreements in a way that will satisfy both parties.

The advantages of Family mediation
– No need for a lawyer
Lawyers are not required by parties in family mediation. They speak for themselves and the mediator is here to give an unbiased opinion as well as advice.

– More influence on the outcome
In family mediation properties are generally allocated in a fairer way. This is because the final decision does not rest with the judge. The latter’s role is to decide on who is right, which therefore means that there are a winner and a loser in the end. The approach is completely different with mediation as the aim of the whole process is that both parties end up as winners to some extent.

– It is cheaper
Family mediation is a lot cheaper than court and this is due to several reasons. First of all, the parties do not need lawyers and this is generally the most expensive aspect of the conventional route. There are no court costs either, which means that these will not add to the barrister’s fee. In addition, the process is quicker, so the parties do not have to spend large amounts over an extended period of time.

– Less stressful for children
Children are usually traumatised with a divorce. This is because they often have to go to court to speak to judges and answer to lawyers’ questions within a hostile environment. Family mediation treats the matter in a different manner. The child only speaks to the mediator and the latter takes a very friendly approach so as not to pressure him.

This is the best course of action if you are considering separation because in family mediation properties go fairly to both parties.

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