Recent Family Law cases highlight the need for a collaborative approach

Recent cases from the Family Law courts have highlighted why collaborative law and mediation may be a better, and less expensive solution, for resolving family issues.

The case of HH v BLW, 2012 EWHC 2199

At the end of a case concerning his children, the father was ordered to pay £2468 towards the mother’s costs. He appealed this ruling however the Appeal Judge decided that although there was a real prospect of the appeal succeeding, he was going to refuse permission for the father to appeal because “the costs of an appeal will be disproportionate to the issues at stake”. The Judge commented, “the lower Court may have got it wrong, but the cost of going to a higher Court is so great that you can’t use that higher Court to correct the lower Court’s wrong”.

This case illustrates the reasons why it may be costly for the Courts to decide an outcome for you, and that working with a Collaborative Law solicitor could be a better solution, allowing you to decide your own outcome.

The case of TF v FF 2013 EWHC 390

It is reported that the family’s assets were £210,000 at the start of this case, however through their legal battle they reduced their assets by 73%. By the end of the case they had run up a legal bill of £153,000 leaving themselves with only £57,000 to divide. As well as the obvious financial costs in situations like these, the emotional cost on both parties and any children (the couple in this case had three teenage children) is also great.

With professional help such as Collaborative Law and Mediation, this type of costly legal battle can be avoided and both parties can work together to get a desired outcome for all concerned.