Mediation process can be smoothed out by expert advice

A Cheshire-based family law solicitor believes it is essential to obtain expert advice as early as possible if mediation is to work effectively and a disputed divorce avoided.

Actress Sophie Turner and her singer ex-husband Joe Jonas have publicly announced “a productive and successful” negotiation process that will see their children spend time equally in both the US and the UK.

Danny Hudson, partner and a member of the family department at Watsons Solicitors, insists that not all separations are as amicable, especially with emotive topics such as children and money the centre of any discussions.

With that in mind, legal help can smooth the way for an understanding to be made that both parties agree on rather than have a judge decide the outcome.

He said: “I believe in mediation as a concept but sadly the practical reality is much different. 

“When relationships break down there are so many moving parts and emotions flowing that reaching a resolution regarding the arrangements for children, capital division, income needs, and pension separation can sometimes be a bridge too far.

“It is always in everyone’s interests to come to an amicable settlement, but unfortunately, parties can often compromise on some issues but not all.”

Not coming to a suitable settlement will lead to issues, however. Even in the case of Turner and Jonas, things did not go entirely to plan.

The pair announced an "amicable" divorce last month, but the actress then sued the singer, claiming he hadn't let their children return to England from the US.

Danny continued: “Any problems that arise will lead to the court being the ultimate arbiter where it applies statute and case law assisted by the legal experts to determine the outcome. 

“This is why obtaining legal advice at an early stage is essential. Even if an agreement is reached in mediation this will only be approved if it is ‘fair and reasonable’ given all the circumstances of the case for monetary issues and whether it’s ‘in the best interests of the children’ for child arrangements. 

“A solicitor will be able to guide you as to the legal principles to be applied in court and the likelihood of the judge approving the same.”

Watsons Solicitors has the largest family law department in Warrington and is an expert in divorce and matrimonial finance. If you need assistance and guidance, please contact enquiries@watsonssolicitors.com or call 01925 571212.

Watsons Solicitors, which has been established for more than 60 years, specialises in family law, employment law, wills and probate, and conveyancing.

The team of experienced solicitors holds various accreditations and memberships of professional bodies relevant to their expertise, while the firm’s partners oversee all areas of work.