The Process
Getting the process right is crucial to unlocking the satisfactory solution.
DIY?
Everyone’s circumstances are different and there is no one approach that will fit all. Where the right solution can be reached through direct dialogue this is likely to be the preferred approach: usually you will want to record the new arrangement formally but this can be managed more cheaply when the figures are agreed.
Supported dialogue
Mediated or collaborative approaches can provide an affordable way to go forward and often when experienced and effective lawyers are appointed on each side a realistic arrangement can be agreed without significant cost.
Arbitration?
Where early agreement is not possible there will be the question of whether it is prohibitively expensive to take the case to court for a final decision. At Family Law in Partnership (add link) we have built a model that relies on arbitration to streamline the process and ensure early and affordable decisions. This can be through Family Law in Partnership (add link) acting and presenting your case to an arbitrator appointed from a select panel by you appointing one of Family Law in Partnership’s arbitrators (add link to arbitration page) to assist in settling your dispute. You do not need to be represented to bring your case to an arbitrator.
Litigation
Technical cases are hard to take through the court without professional support. In some cases, it may work for us to operate in a partnership arrangement where representation is given only at crucial points in the process. Currently it is hard to secure an order for a contribution to costs even if your case is successful, so a careful assessment will need to be made and only reasonably clear cases involving significant enough sums should be pursued.
Overall
Family Law in Partnership has great experience in helping to manage these difficult cases. We have a specialist team dedicated to variation applications. We offer a fixed fee meeting to help you decide upon the process, which can be attended by either the payer or the recipient or both together (particularly appropriate where dialogue or unrepresented-arbitration options are being considered).
If you would like to speak to a family law specialist about maintenance variation, please contact us:
T: +44 (0)20 7420 5000
E: maintenancevariations@flip.co.uk