Family

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Why divorce doesn’t have to be a courtroom battle

03 September 2008

When marriages head to court, the chances are the battle lines will be drawn and tempers frayed long before the judgment day arrives.

If the couples are high profile enough – either by dint of their celebrity or wealth – then the whole painful process is likely to be played out in the glare of the media spotlight.

Witness the scenes earlier this year, when Heather Mills and Sir Paul McCartney spent six days in court trying to reach a settlement on the division of Sir Paul's assets, said to be worth as much as £825 million.

Likewise, Chelsea Football Club owner Roman Abramovich found himself hitting the headlines in March last year, when he and former wife Irina reached a divorce settlement reputed to be worth US$300 million.

Thankfully, for the vast majority of couples who split up, their proceedings are unlikely to be played out in the glare of the press spotlight.

Nicolette Zarka, a family associate at Gerrards Cross based law firm B P Collins, comments: "When cases such as Mills v McCartney receive such widespread coverage, the focus tends to be on the areas of conflict, but the truth is that there are ways in which a former couple can work together constructively to resolve their issues and reach a fair solution for them both."

Nicolette is one of only a few solicitors in the region to specialise in Collaborative Practice, a new way for divorcing or separating couples to work together as a team with trained professionals to resolve disputes respectfully, without going to court.

"Couples engaging in this approach benefit in many ways," she said. "For example, the costs can be one third of those which may be incurred where there are financial proceedings which progress to a Final Hearing. They also get to talk about things that matter most to them and the family, and they get to set the pace of proceedings.

"If children are involved, in often helps them cope better with the separation by seeing their parents working things out together."

Each party has a duty to give a full and frank disclosure of their financial circumstances and during meetings key issues will be identified and resolved, using the negotiation skills and constructive and impartial advice from the legal team. Help may also be provided by other professionals such as counsellors, therapists or independent financial advisers.

Nicolette added: "Areas of potential conflict, such as the sort of house and area they would like the children to live in, can be discussed in a way that ensures the best interests of all parties are taken into account.

"Collaborative law is still very new to the Thames Valley, but it has already proved successful elsewhere and I feel strongly that if couples are considering divorce then it’s an option they should pursue before going to court.

"It is a much more dignified approach and, while it will not be suitable for all, it is clear that with the right attitude from both parties it may enable friendship with a former partner in the future."

With 15 years of experience in the field of family law, Nicolette is also a member of the Law Society’s family law and children’s panel, is Resolution accredited and a Resolution mediator. Celebrating its 25th anniversary this year, Resolution is a 5,000-strong organisation of lawyers who believe in a constructive, non-confrontational approach to family law matters.

All solicitors in the family practice at B P Collins are Resolution members and pride themselves on their sensitivity with clients. Whilst their overriding priority is to achieve the best outcome for clients and regularly secure settlements that exceed expectations, their strength lies in providing measured, balanced and non-judgemental legal support at a time when clients need it most.

If you would like to speak to one of B P Collins’ experts in Family law, please call 01753 279045 or email familylaw@bpcollins.co.uk.

According to Forbes magazine in March 2008, the top ten celebrity divorce settlements are:

£75.5m - Michael and Juanita Jordan
£75.5m - Singer Neil Diamond and Marcia Murphy
£50m - Steven Spielberg and Amy Irving
£41m - Kevin Costner, the actor, and Sindy Silva
£30m - Kenny Rogers, the singer, and his wife Marriane
£25m - James Cameron, the director, and Linda Hamilton, the actress
£24.3m - Sir Paul McCartney and Lady McCartney
£23m - Michael Douglas, the actor, and his first wife Diandra
£15m - Ted Danson, the actor, and Casey Coates
£7.5/£12.5m - Mick Jagger and Jerry Hall