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21 Dec 2023 The benefits of divorce mediation: lasting and solution-oriented

Divorce is an emotionally challenging time, regardless of the circumstances. It can be a turbulent time when emotions run high and decisions are sometimes made in haste. Mediation can be a valuable and sensible choice to mitigate the impact of divorce and find constructive solutions for the parties involved. Mediation also offers a lasting solution in divorce cases. Especially in situations where the ex-spouses are indirectly related to each other even after the divorce, it offers a huge advantage. As much as there are different types of marriages, there are so many different types of divorce. In this post, we show that mediation for all kinds of divorce is a good method to reach a long-term solution.

Divorce without children

In the case of a divorce between spouses who do not (or no longer) have minor children, the interests may be different, but the emotional strain is no less. Mediation in these situations provides a structured and neutral environment in which both parties can express their wishes and reach agreements on assets, finances and other issues. The mediation process can shorten the time needed to reach an agreement while reducing the cost of legal proceedings.

Divorce with minor children

In a divorce involving minor children, the best interests of the children are the focus. Mediation puts the focus on finding solutions that put the welfare of the children first. The process encourages parents to work together on a parenting plan, including arrangements for custody, division of care responsibilities and financial support. This promotes healthy communication between parents and helps prevent future conflicts, which is beneficial for the emotional stability of the children, while also creating a more favourable environment for agreeing on the more material consequences of the divorce.

Divorce with prenuptial agreements

In cases where prenuptial agreements have been drawn up, mediation can be invaluable. The mediation process provides the space in which involved parties, with the help of a mediator, can revise, clarify or amend the terms, if necessary. This contributes to a fair and/or mutually acceptable division of property and finances, and reduces the risk of protracted legal disputes.

Divorce involving entrepreneurs

When a divorce involves entrepreneurs, complex financial interests may come into play. Mediation allows spouses to reach an agreement in an efficient manner, while keeping business interests in mind. It allows them to negotiate business assets, valuations and future involvement in the business in a way that ensures business continuity without lengthy court proceedings.

Conclusion

In short, mediation offers a flexible and solution-oriented approach for different types of divorce. It allows parties to retain control over the outcome, promotes communication and can result in durable and tailor-made agreements. Using an experienced specialist family law mediator in a divorce can reduce stress and ultimately have a positive impact on all involved.

At SPEE lawyers & mediation, we strongly believe in the power of mediation, and especially in the case of divorce cases. Feel free to contact Ms Angelique van den Eshoff, specialised vFas inheritance and family law lawyer and specialised vFas mediator at SPEE advocaten & mediation for expert advice and support or for more information on how mediation can support and ease your divorce process. This article highlights the importance of mediation in different types of divorce, but every divorce case is unique. Mr Angelique van den Eshoff is an experienced lawyer and mediator who can work with you to tailor the mediation process to your specific situation.

SPEE advocaten & mediation Maastricht

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