There are various reasons why a couple might want to divorce: the spouses have been living separately for some time, certain circumstances may have occurred, the spouses have both decided to separate, etc. Depending on the cause of the divorce, we can define the best route to take. Two scenarios are possible: divorce by mutual consent, and divorce due to irretrievable breakdown.
Divorce by mutual consent
In this case, negotiations are first carried out in consultation with the divorce lawyer. The advantage of this procedure is that costs are limited, and the former spouses generally remain on better terms. It also offers more security to the spouses or ex-spouses. The crucial decisions in the divorce proceedings are not left to the court: both parties can agree all the relevant aspects in detail, and record them in a binding settlement deed.
Divorce on the basis of irretrievable breakdown
If the negotiations do not lead to an agreement, divorce proceedings can be unilaterally initiated by one of the spouses in consultation with the divorce lawyer. In this case, the spouses are not in agreement. They both make their own claims regarding the provisional use and enjoyment of the family home, alimony, the division of costs, the regulations regarding the children, etc.
Mediation in the chamber for amicable settlement in the presence of a divorce lawyer
A divorce due to irretrievable breakdown is unilaterally initiated at the request of either spouse. However, there is still room for mediation in the chamber for amicable settlement of the family court during this procedure.
The court mediator tries to reach an agreement with the parties in the presence of the divorce lawyers. In his or her role as a mediator, the court mediator uses his or her experience as a judge to guide the parties to a compromise. However, if a compromise is not possible, the family court takes a decision after both parties have argued their cases.
In the latter case in particular, the assistance of a divorce lawyer is often indispensable to achieve a successful outcome, because at this stage of the dispute the parties are actually diametrically opposed. At the hearing, the divorce lawyer’s role in presenting all the evidence, facts and legal issues in order to obtain a favourable ruling is crucial.