Is it possible to have a ‘Good Divorce’?

Not every divorce is contested in court, it does not need to be acrimonious, nor does it need to be bitter - it’s often not like the films portray, say solicitors, and more and more people are choosing to opt for a forward thinking justice system by means of mediation and a collaborative solution, especially when children are involved.

Good Divorce Week

This week is Resolution’s Good Divorce Week which is an attempt to raise awareness of how separation and divorce need not be defined by unnecessary conflict, cost or trauma.

“Essentially it’s encouraging a constructive approach that puts the interests of the whole family – especially children – at the heart of the process,” says Divorce Solicitor & Head of Family Law, Emma Kendall.

All of our family solicitors are members of Resolution*, committed to a detailed Code of Practice setting out how family law professionals should behave when working with clients facing separation.

“We work in this way all year but having a focused week is a perfect opportunity for all family solicitors to reflect on how we implement that Code in practice — and how doing so delivers real, measurable benefits for our clients,” adds Emma.

What is the Resolution Code of Practice?

The Code of Practice is a pledge by Resolution members (lawyers, financial advisers, family professionals) to adopt a constructive, non-confrontational and inclusive approach to family separation.

Key commitments include:

• Reducing or managing conflict and confrontation – for example not using inflammatory language.
• Supporting and encouraging families to put the best interests of any children first.
• Acting with honesty, integrity and objectivity.
• Helping clients understand and manage the long-term financial and emotional consequences.
• Listening and treating all individuals with respect and without judgment.
• Working collaboratively with other professionals (therapists, mediators, accountants) to find the right solution.

“When people face separation, divorce or family breakdown, emotions run high and the legal, financial and childcare issues can be overwhelming. Without a constructive approach, outcomes can become more expensive, drawn-out and damaging for all parties, including children,” adds Emma.

By actively avoiding adversarial language and tactics a solicitor can help keep the process calmer and more efficient.

Children’s interests are front and centre and having a solicitor committed to putting their welfare first can lead to more sustainable parenting arrangements, with fewer knock-on effects later.

Adhering to the Code can also assist with transparency & empowerment as clients are supported to understand their options, the long-term consequences and to make informed decisions, rather feeling pushed through the process.

Also, because the Code advocates working with other professionals, clients may benefit from mediation, financial planning, counselling or therapeutic support as part of the package.

A Good Divorce

“A “good divorce” isn’t just about ending a marriage – it’s about embarking on the next chapter in the best shape possible in whatever way suits the individual clients, whether that be mediation, collaborative law, or traditional litigation,” says Emma.

“Through our training we avoid unnecessarily combative language and identify when alternative dispute resolution may be more appropriate than court.

“When children are involved we look at their future welfare and the post-divorce family dynamic and our aim is to help clients see separation as a transition rather than a full stop,” says Emma.

Finally, a solicitor committed to the Code will help clients understand the long-term financial implications; pensions, maintenance, inheritance, the emotional impact, and will coordinate with other professionals where needed.

Not all family law practices explicitly commit to non-adversarial approaches, however at Pearson Solicitors we do not have a one size fits all approach but offer instead a bespoke look at how each separation is different and what works for the individuals involved.

How can we help?

At Pearson Solicitors we are proud to support Good Divorce Week and to apply the Code in every case we handle. If you or someone you know is facing separation or divorce and would like advice rooted in respect, clarity and constructive resolution, please contact our family law solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

*Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.  All members sign-up to the Code of Practice and are expected to complete training about using it in their day-to-day work. Associate members support the Code and are encouraged to apply it in their work.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.