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Navigating the stressful world of Family Law litigation

April 4, 2023

As Stress Awareness Month begins, we, as family lawyers regularly assist individuals who are dealing with a wide range of difficult issues following a breakdown of a relationship. Care arrangements for children can be particularly challenging for individuals involved in such disputes. And if there are issues relating to money and property, the complications multiply. Such disputes are stressful for an individual and their family.

We understand the emotional strain that these situations can have on an individual, especially if the dispute ends up in court. In this blog, we will explore some of the most common stresses that can materialise and the importance of instructing a solicitor to help manage them.

  1. Overwhelming

Litigation can be an overwhelming process. This is often the case for individuals who are not familiar with the legal system. The confusing legal jargon, complex documentation and lack of control over the process can leave many feeling overwhelmed.  

  • Uncertainty

Until a final order is issued, it is difficult for even the most experienced solicitors to know what a sheriff will decide. This can be particularly stressful in family actions which involve children as a party may not know what contact they will be awarded by the court. A person’s future may also hinge on the financial consequences of the process.

  • Emotional Stress

Actions involving disputes about children can be a stressful experience.  These cases are not your typical litigation with a winner and loser. The parties, after the litigation has ended, will still require to communicate with each other.  Individuals may experience feelings of anger, sadness and grief whilst knowing they have to continue to communicate with the other party.  

  • Financial stress

Going to court can be expensive and will add an element of stress to family actions. The longer a case continues, inevitably, the higher the fees will be. Settling a case early or opting for alternative methods of dispute resolution can often help reduce fees…

How can a solicitor help?

A solicitor can explain the legal process in plain language, removing the legal jargon. A solicitor is also able to give options and explain to parties involved the likely outcomes.  The objective stance which a solicitor takes can open possibilities that had not been considered before by the individual affected. Instructing a solicitor at an early stage can also avoid the need for court action as negotiations can take place to try and reach an agreement without the need for court action. The solicitor will be able to draw on their experience to reassure the individual at each stage of the process. From our experience, understanding the process can help to reduce the uncertainty and stress involved in a court action or any issues arising from the breakdown of a relationship.

Having a solicitor will play a crucial role in helping a party through a breakdown in a relationship, which can be an emotional and stressful time for an individual.

Blackadders team of family lawyers appreciate from their years of experience and expertise the completely normal stresses that will arise and how best to manage them. If you, or someone you know, is looking for family law advice with a sympathetic and personable touch, please contact a member of the Blackadders Family Law team working in Aberdeen, Dundee, Edinburgh, Glasgow, Perth and across Scotland.

The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.

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