Headnotes \\ A legal information podcast from Whitehead Monckton

Divorce: a kinder way to separate and avoiding court at all costs

Whitehead Monckton Season 1 Episode 3

Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.

0:00 | 47:15

In this episode of the Headnotes podcast, Whitehead Monckton's head of Family department Emma Palmer is joined by two colleagues - Family Solicitor Sarah Brissenden and Mediator Dawn Harrison.

Together, they discuss the rise of Non-Court Dispute Resolution (NCDR) - methods designed to keep your separation out of the courtroom. With the court system currently facing severe backlogs and a lack of judicial availability, the team explains why litigation should be the "last resort" and how alternative routes can save you money, stress, and emotional energy.

From the team-based support of Collaborative Law to the neutral facilitation of Mediation, and the innovative "One Lawyer, One Couple" model, this episode is a guide to choosing the path that allows you to look back on your divorce with dignity.

In this episode, we cover:

The Court Crisis: Sarah shares her recent experiences with court cancellations and why the current system is "unstable" and costly for clients.

Collaborative Law: How having lawyers in the room who are committed not to go to court can create a safe space for negotiation (and why you might sign an "Anchor Statement").

Mediation Explained: Dawn breaks down her role as a neutral facilitator who provides legal information rather than advice, helping couples build a "Memorandum of Understanding."

One Lawyer, One Couple: Emma introduces the "new kid on the block"—a process allowed since the 2020 Divorce Act where a single lawyer advises both parties jointly to reach an amicable agreement.

The "Motorway" Analogy: Why every divorce has a destination, but you get to choose whether you take the smooth motorway or the "bumpy road" to get there.

Questions? Speak to us directly

If you are going through a separation and need advice on divorce, we are here to help. Reach out to any of our team directly:

Emma Palmer (Associate Director & Head of Family) - 01227 643267
https://www.linkedin.com/in/emma-palmer-17446170/ 

Sarah Brissenden (Associate Solicitor) - 01580 767533
https://www.linkedin.com/in/sarah-brissenden-44a14782/

Dawn Harrison (Consultant) - 01622 698013
https://www.linkedin.com/in/dawn-harrison-6a51a235/

Phone: 01622 698000 (General Enquiries)

Speak to one of our friendly lawyers at Whitehead Monckton

> Visit Website  > Contact Us

Find us on Social Media

> LinkedIn  > Facebook
> Instagram  > YouTube

Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.