Separation, divorce and other family law matters are for most people difficult, unfamiliar and challenging.
In common with all difficult journeys, things will proceed more productively, when the route to be followed has been well thought out and planned in advance.
I will encourage you to carefully consider the route to be taken for your family, rather than simply focusing on the outcome.
That is not to suggest for a moment that the outcome is unimportant, rather we have a much better chance of getting to the end as smoothly as possible if we plan carefully in advance.
Part of my role is to provide practical advice and guidance about the different process choices that are available to your family as you negotiate your way from being a family that lives all together to becoming a family that lives apart.
Your options
Collaborative Practice
It goes without saying that you may not be in the best place to make fundamental life decisions when you are experiencing a rollercoaster of emotions.
That is why I am very keen to keep cases out of court if I can. The last thing you or your children need is for the decision making process to be taken away from you.
I fundamentally believe that my role as a family lawyer is to help you build a positive future. If I feel that my intervention would do more harm than good, I simply won’t take your case on.
I believe in a holistic approach, and would always recommend Collaborative Practice or Mediation as the preferred means of dispute resolution.
Mediation
Mediation uses a neutral professionally trained mediator to facilitate settlement discussions between the parties. It may involve just the separating couple and the mediator or alternatively it can be a 4 way process where there are two mediators this is known as a “co- mediation”
I am a CALM and accredited mediator.
Lawyer Negotiation
In this process the negotiating is left to the lawyers, usually done in the client’s absence. Some people are not able to negotiate with the other party nor do they wish to be in the same room or even the same building while negotiations are occurring.
Clients meet privately with their lawyers in this process and the lawyers check in with the clients to keep them informed of the negotiation
Arbitration
Similar to court, if clients are unable to reach an agreement they can choose to appoint an arbitrator (private judge) to make a decision for them. This process is private and clients have the advantage of choosing their arbitrator.
I am an accredited FLAGS arbitrator (private Judge) and have both been appointed as an arbitrator and have prepared cases for arbitration. I would actively encourage Arbitration over court as you can choose who is going to decide your case and your case will not be subject to delays as is often the case with court.
Court
Where clients are unable to reach agreement the court resolves the matter and decides what will happen. I have been appearing in the Sheriff Court for the past 26 years. I also have extensive Court of Session experience and have been the lead partner in some of the highest value, legally complex family law cases in Scotland.
Family Law DIY
Some clients prefer to sit at the kitchen table with their partner or spouse and try to work things out for themselves. This can achieve a good outcome. Where you may need support is having your agreement checked to ensure it is fair and for a legally binding written agreement to be drafted and entered into. I am happy to provide legal support and advice in the background and assist you in your negotiations.
I can also assist you with completing divorce forms once you have entered into an agreement.
Get in Touch Today
Cath Karlin is a vastly experienced lawyer and uses this alongside her expertise to assist you however possible. She is very familiar with the process of divorce and can expertly guide you whatever your situation. Her divorce and separation expertise spans a number of issues including child custody, division of assets, prenuptial cohabitation agreements, surrogacy cases and expatriate divorce. If you’re curious about costs, we have a page breaking down the initial costs of a consultation. Read her reviews to see how great she is at what she does and get in contact today. I really pride myself on my local reputation, with 60 5-Star Google reviews.
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Get in touch
How can I help?
If you’d like to arrange a consultation or find out if I can help you please do get in touch.
Main office call: 0131 357 1515
Direct dial call: 0131 357 1516
Address
Cath Karlin Family Law
51 William Street
Edinburgh
EH3 7LW