Divorce and separation – example negotiation process

Chess pieces

Initial meeting

A solicitor has an initial meeting with their client. It is clear that emotions are running high and there are multiple issues. The couple are still living under the same roof and are struggling to sort out arrangements for the children or how their finances should be sorted out in the short term.

Phone call between solicitors

The solicitor books a call with the other party’s solicitor. They agree that the couple need to put some very short-term arrangements in place until they have separated. Both solicitors feel that the couple are likely to be able to work together to sort out arrangements for their children, and agree that both will recommend mediation as the best way forward to resolve those issues. They agree to speak again in a few weeks, when matters have settled down.

Second conversation & exchange of financial information

During their second conversation, the solicitors agree the couple should exchange financial information on a voluntary basis. Both emphasise that their clients are keen to resolve matters swiftly and cost-effectively. They agree that, provided both parties are satisfied with the financial information the other has provided, they should then convene a RTM to discuss settlement.

Round-table meeting and settlement

Issues are narrowed at the RTM, written offers are exchanged soon after and a few remaining issues are ironed out in a series of telephone conversations between the solicitors. An agreed consent order is sent to the court.

Nadine Gibbon
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Nadine Gibbon

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