We recommend that you seek legal advice when dealing with divorce matters. You can find these in local directories, by contacting The Law Society (web site lawsoc.org.uk ) or by visiting request legal advice via this site. Your legal adviser can provide an outsiders view of the situation without having any emotional involvement. They are either acting on your behalf or, in the case of the mediator, an impartial view.
The roles of your potential advisers are outlined as follows:
Mediators
These are normally trained people either from a legal background or from a non legal professional background where they can try to help with reaching an agreement not just over family issues but also consider other issues such as property, finance etc. The mediators do not take sides and see both parties on an equal basis. They are there to try to help people reach agreement or resolve their differences.
Solicitor
If you appoint a solicitor they will act on your behalf. The solicitor will handle your divorce from a legal documentary perspective as well as corresponding with the other party or other parties legal advisers. Your solicitor may also help resolve matters with regard to arrangements for children and finances. Your solicitor will advise you on potential outcomes of any actions suggested and will either act on those instructions given by you or suggest alternatives. The solicitor will also negotiate on your behalf and advise you on suggested courses of action or settlements proposed by your partner or the legal advisers representing your partner.
Barrister
A barrister may be requested to act on your behalf at court (provide counsel). It is normally your solicitor who will instruct a barrister for you. The position of the barrister is to present your case before the judge. The barrister is normally briefed by being presented with a full copy of the file before attending court as well as having a preliminary meeting with you (a conference) before entering the chambers (a private meeting with the judge) for the hearing.
District Judge
Is the person who normally hears cases for divorce and requests for other orders, e.g. maintenance orders. They are presented the facts initially in writing in the form of submissions by either you or your legal adviser. They may then hear the facts as presented by you or your legal representative. They are impartial and will make recommendations or issue consent for orders or other directions as may apply. They ultimately make decisions based upon fact and will make the children's welfare (if any are involved) their first priority.