When couples split up, they are often not only concerned about the financial repercussions of their decision but also about the general well-being of their families following a divorce. Mediation can facilitate this process.
Once a settlement has been reached, the mediator has rounded off the case, and the settlement has been upheld by the court, the settlement is final and the claims of each ex-partner have been officially laid down.
The mediation process and the way in which the settlement document is drawn up are therefore of paramount importance.
‘We have noticed in practice that agreements in which one of the ex-partners is left with mixed feelings are concluded too frequently.
In mediation, both parties engage the services of the same mediator, who makes targeted suggestions or prepares proposals that serve the interests of both parties and do not cover all options as extensively.
The aim of the mediator is, therefore, to reach an agreement rather than to advise the parties on their individual interests.’
A LAWYER FOCUSES ON INDIVIDUAL INTERESTS
If insufficient attention is paid to the specific interests of each party as an individual, there is a risk of reaching a settlement that is either unbalanced or simply not feasible in practice.
However, if each party were to obtain specialist advice from the lawyer of his or her choice, this can be avoided and all parties can be assured of making a well-considered decision, in which respect they can be certain that all possible options were carefully explored and investigated.
This gives the client the peace of mind he or she needs in a situation like this, facilitating a calm and serene mediation process while safeguarding the relationship of trust between both ex-partners.
A mediator focuses on common interests, while a lawyer focuses on individual interests.
Based on its vast expertise in this field, Keyser advocaten offers specialised advice to persons who seek information for themselves in order to optimise the mediation process.
‘When we are engaged by a client, the process is initiated with an extensive introductory meeting. This is a crucial first step towards the development of the relationship of trust that is so important between a lawyer and a client.
The next step is to arrive at a proper assessment of the client’s situation. How are the assets structured? Is there a financial imbalance between the two partners? What is important to the client?
Once the client’s wishes have become clear, the most important liabilities are discussed with the client and taken into account in the further mediation process.
Special attention is paid to time, for example. What are the consequences of a long and extensive mediation process? Is this potentially disadvantageous for the client from the perspective of property law? What impact does it have on discussions concerning alimony and child support, for example?
The client is also advised on the possible outcome of court proceedings so that he or she can consider the outcome of the mediation process based on the potential outcome in a court of law.
In conclusion, we can place our practical experience at the disposal of our clients to advise them on the practical obstacles of certain schemes and any pitfalls they may encounter in respect of these.
These pitfalls usually concern problems that we frequently see recurring, such as a discussion on extraordinary expenses, a bank account for the children, issues in relation to residence permits, and so on.
At the end of the mediation process, we will study the settlement agreement in detail to ensure that our client’s interests are safeguarded. to the greatest possible extent.’
CASE FOLLOW-UP AND ADJUSTMENTS
Keyser advocaten is a law firm with many years of experience in negotiations and conducting proceedings where necessary.
A relationship of trust between a client and his or her lawyer makes it easier to establish, in all discretion, whether the settlement on the table is the right one – or not.
If this settlement does not serve the client’s interests adequately enough, alternatives are proposed that can be examined during subsequent discussions.
Additionally, it is entirely up to the client to decide if the other party will be informed of the fact that he or she has engaged the advisory services of a lawyer, or if this lawyer will be working exclusively behind the scenes.
Specialising in family law and family property law, Keyser attorneys in Antwerp have acquired extensive expertise in this field and can give support within the context of negotiations and, if necessary, in the context of proceedings before the family court or the Court of Appeal.
LET US HELP
If you have any questions about international relationships and international divorces, or would like a consultation with lawyers specialising in international relationships and international marriages, please contact our law firm in Antwerp.