Family Law Changes in mediation - Southampton Row Solicitors Family law department in
Southampton Row Solicitors London, Family Law department, has been watching the recent family law changes with interest. Mediation is now a required part of the divorce process in Great Britain. Before any divorce petition can be issued, the couple must be referred to mediation. The intent of this requirement is not necessarily to salvage the marriage but to allow the husband and wife to work out any financial issues so that the remainder of the divorce process can be less acrimonious and time-consuming. A mediated settlement will also spare the courts from the onerous task of being the ones to supervise the division of property upon the dissolution of the marriage.
This change in family law is very recent and reflects the growing public awareness that mediation can be a useful tool in the event of a divorce, in addition to negotiation between solicitors and both are an alternative to going to court. Southampton Row Solicitors adopts a conciliatory approach from the outset in all Family Law matters.
However, the requirement that a couple go through mediation for financial issues does not mean that family solicitors no longer have a role in the divorce process. Quite the contrary, family law solicitors who are experts at their craft will work closely with the mediators in the case, offering legal advice on an as-needed basis to be sure that the mediated financial settlement will adhere to all requirements of British law. This is done in the background, since the proper format of a mediation session involves only the husband and wife along with one or more mediators.
One thing that family law solicitors can do to help the mediation process along is to advise the spouse they represent regarding the need for full and frank disclosure of all financial assets and any relevant information related to those assets. The case of Imerman v Imerman illustrates the importance of such disclosures. In that particular case, the wife's brother assisted her by having his information technology staff delve into computer systems owned by the husband. He was in search of financial information and eventually secured more than 20,000 documents containing such information.
The search was deemed to be "extreme" conduct by the Court of Appeal and the wife, now called Ms Tchenguiz, has been ordered to pay a fine of £1m. However, as it is too late to "unring the bell," she is being permitted to use information obtained during the questionable search. According to Frances Hughes, the solicitor for Mr Imerman, "The judge nonetheless allowed Lisa Tchenguiz to keep and use many of the documents because she had seen them and thus, he said, it was too late to stop her using them."
The case clearly points to the need for a full and frank disclosure as the law requires.
For Family law advice in London, Berkshire, Surrey and the Home counties on mediation, prenuptials, post nuptials, divorce, children, and ancillary relief, contact Southampton Row Solicitors.
