Family issues can be emotionally complex and often lead to costly, time-consuming court proceedings. The Whitehead Monckton family law services team in Kent is committed to helping you avoid that outcome by offering tailored alternatives suited to your situation. We have offices in Canterbury, Maidstone, Ramsgate and Tenterden, as well as Canary Wharf, London, making expert support easily accessible wherever you are.
Our family law services in Kent support individuals and families facing many different challenges, not just divorce or separation. Whether you are dealing with a relationship breakdown, financial disagreements, child arrangements, cohabitation disputes, property disputes, inheritance concerns or wider family conflicts, our experienced team can help you understand your options.
We recognise that every family situation is different. Some clients require support through family mediation, while others benefit from collaborative law, lawyer-led negotiations or, where necessary, working with one lawyer jointly, court proceedings. Our goal is always to help you find the most appropriate route to resolution.
As experienced family lawyers, we focus on practical solutions that reduce conflict, protect important relationships, and help families move forward with confidence. We are committed to delivering family law services that are tailored to your circumstances, objectives, and budget. Our range of constructive resolution options includes:
Whichever option you decide is most appropriate for you, we are committed to helping you find the way forward with care, compassion and the best interests of your children and you at heart.
Each method offers a less confrontational alternative to the traditional court environment, focused on achieving fair, mutually agreed and lasting outcomes. It can also achieve a faster resolution, avoiding delays associated with the court process.
At your first consultation, we will spend time with you to understand your circumstances and goals. Then we’ll recommend the best options for your needs and budget. We can support you through the process, and with our expert guidance, you can make informed decisions that protect your interests and those of your family.
Our Family lawyers are members of Resolution, a community of family law professionals in the UK promoting respectful, solution-focused family law practices.
Please note that we do not offer a Legal Aid service.
Watch our expert lawyers discuss mediation, collaborative law and the ‘One Lawyer One Couple’ approach to separation.
In mediation, couples meet with a neutral mediator to find practical, fair solutions without court involvement. The mediator facilitates discussion but doesn’t provide legal advice – you’ll still need a separate lawyer for that.
This choice is ideal for those who wish to reach an agreement without having to go to court, giving you more control over your situation and less conflict with the other person. It’s flexible and can adapt to changing circumstances, especially when children are involved.
Mediation sessions are tailored to your needs and comfort. You set the agenda, and where appropriate, specialists such as financial advisers, pension experts or therapists can be invited to support the discussions.
If you do decide to go to court with your case, a judge may expect you and your partner to have engaged in mediation before applying to the court.
A Mediation Information and Assessment Meeting (MIAM) is your first meeting with a Family Mediation Council Accredited (FMCA) accredited mediator to assess for mediation. The meeting usually lasts around 30 minutes, and covers:
The mediator will be able to assess if your circumstances are suitable for mediation and will be able to advise you of the next steps. Mediation is a voluntary process. Even if it is recommended, it’s your choice.
If, after your MIAM, it’s clear that mediation isn’t right for you, the mediator can give you a signed form, confirming that you have attended a MIAM, to be incorporated into an application to commence Court proceedings.
The cost of family mediation depends on the specific services needed, such as divorce agreements, child custody issues, and financial arrangements for property, debts, trusts, and pensions.
Some mediation practices charge on an hourly basis. Others may charge by the session or per fixed price meeting. We will advise you on the cost of mediation per person when you contact us for our in-house mediators.
If you believe that you are unable to afford mediation, you may qualify to receive public funding. This will only be granted once you answer the questions on the Gov.uk website about the specifics of your legal issues and income. Whitehead Monckton cannot offer public funding (Legal Aid), so we do recommend that you investigate this option separately.
Susi Gillespie and Lucy Nevard are trained and experienced family law mediators.
This approach involves our experienced family lawyers working directly with you to guide constructive discussions, to resolve matters like child arrangements, financial settlements, and separation terms.
We focus on helping you understand each other’s interests and exploring mutually beneficial solutions. Our compassionate lawyers guide your family matters towards a resolution in a way that protects your rights and promotes lasting, positive outcomes for everyone involved.
Divorce law now allows a specially trained lawyer to work together with a couple to advise them on all issues arising from their separation. The one lawyer/one couple process suits couples who feel able to work together to resolve all issues fairly and amicably. Whilst it is not suitable for all separating couples (and there will be an initial meeting held with each person first to assess suitability for the process), there can be significant cost savings, as one lawyer’s costs are shared equally. This choice is ideal for those who wish to reach an agreement without having to go to court, giving you more control over your situation and less conflict with the other person.
The lawyer provides advice to both of you together about divorce law, financial law and children law so that you can discuss and agree a settlement.
In a series of joint meetings with your lawyer, you will provide mutual financial disclosure and discuss all issues arising from your separation.
If you reach an agreement, the lawyer can then prepare all the necessary court documents and assist you with ensuring that your agreement is converted into a binding court order.
The lawyer can also bring in third parties to help, including pensions on divorce experts, accountants, or family consultants. If you can reach an agreement on most areas, but some remain, it is also possible to then refer the final issues to either a pFDR hearing or arbitration.
In some cases, the lawyer may feel one or both of you need additional, individual advice. This process enables you to be referred to a third-party lawyer for independent advice on a niche issue so that you can return to the joint sessions for further discussions.
Costs vary by firm. Most lawyers will charge an hourly rate basis for all meetings, but the hourly rate can differ for the joint meetings (where the lawyer is working for both of you) from the initial intake meeting (where the lawyer is seeing you individually).
Emma Palmer is a trained and experienced One Lawyer/One Couple lawyer.
Collaborative law encourages separating couples to work together on settling their matrimonial issues, rather than using the courts.
It is a non-confrontational process involving a series of round-table meetings.
Each of you has a specially trained lawyer, who helps you to set the agenda, and everyone commits to reaching a fair agreement through open, respectful dialogue. This process encourages cooperation, reduces conflict, and focuses on the best outcomes for everyone involved.
Collaborative law can be particularly effective where both partners are committed to resolving issues constructively but still want independent legal advice throughout the process. Unlike family mediation or the One Lawyer/One Couple approach, each person has their own lawyer present during discussions, providing ongoing support and guidance.
Our collaborative solicitors in Kent help clients resolve issues relating to finances, property, pensions and arrangements for children while maintaining a focus on cooperation and long-term solutions.
Two collaboratively trained lawyers (appointed from separate firms) provide advice to both of you about divorce law, financial law and children law so that you can then discuss and agree everything together.
During a series of joint meetings with you and your lawyers, you’ll provide mutual financial disclosure and discuss all issues arising from your separation. If an agreement is reached, the lawyers can then prepare all the necessary court documents and assist you with ensuring that your agreement is converted into a binding court order.
As with the one lawyer/one couple approach, the lawyer can also bring in third parties to help, including pension on divorce experts, accountants or family consultants. If you’re able to reach an agreement on most areas, but some remain, it is also possible to then refer the final issues to either a pFDR hearing or arbitration.
Most lawyers will charge on an hourly rate basis for all meetings, but the hourly rate can differ for the joint meetings depending on the hourly rate of the chosen lawyer.
Susi Gillespie, Daniel Bennett, Sarah Brissenden and Emma Palmer are all trained and experienced collaborative lawyers.
Sometimes it is not possible to resolve issues around separation through non-court dispute resolution options, and a court application is another option to resolve issues relating to finances or children. If there is an urgent need to protect people or property, or to secure interim support, court proceedings are often a necessary step.
Court proceedings are very adversarial and not completely confidential. They are also invariably the most expensive process and take the longest time, since there are significant delays in the court system.
At Whitehead Monckton, all our lawyers are specialists in court work when required, and, if it is necessary to issue a court application, they can assist you throughout the process to secure the best outcome for you.
Sometimes, it is helpful in family proceedings involving finances to involve an independent specialist family lawyer to advise on an outcome.
This option involves you jointly appointing an independent financial remedy specialist lawyer (often a very experienced barrister or solicitor) to act as a private judge to help you reach an outcome in relation to your finances.
FDR appointments form part of the mandated court process in dealing with finances, but a pFDR allows you to choose the specialist and the timing of any hearing. This gives you the freedom to choose the professional you want jointly and, unlike within the court process, the professional you choose will have the time to have carefully considered all aspects of the case before the agreed hearing and will be dedicated to your case only on the day of the hearing.
Private FDR hearings are now so successful that, during the mandated court process, many cases are being referred out to a private FDR hearing to speed up the process towards resolution.
This option involves an independent financial remedy specialist lawyer (often a very experienced barrister or solicitor) assessing your situation and providing you with an assessment or evaluation of how a court might deal with your particular circumstances. This process can be particularly helpful in complex financial matters or where you need to have some kind of indication of what a court might decide.
Arbitration is a private alternative to court where both parties agree to be bound by the decision of an independent arbitrator – similar to having your case decided by a judge. Unlike court hearings, arbitration can be arranged quickly and often leads to faster resolutions.
It can be used for both financial and children-related matters. You choose your arbitrator and decide how the process will run, giving you control over who hears your case and how much of the formal court process you follow. This flexibility can save time and legal costs by avoiding some mandatory hearings.
Arbitration is especially useful when most issues have been resolved through other methods, but a final point remains. Decisions can be made after a hearing or via written submissions, with the arbitrator issuing a binding decision.
Learn more about the arbitration process by visiting The Institute of Family Law Arbitrators.
Family law mediation focuses on helping parties reach their own agreement with the support of a neutral mediator. Court proceedings involve a judge making decisions on behalf of the parties if an agreement cannot be reached.
Collaborative law is a non-court process where both parties instruct specially trained lawyers and work together through a series of meetings to resolve family issues constructively.
Court proceedings may be required where there are safeguarding concerns, urgent financial issues, disputes involving children, or situations where alternative dispute resolution methods have not been successful.
Yes. Our team includes experienced family law mediators and family law professionals who can advise whether family mediation in Kent is suitable for your circumstances and discuss alternative options where appropriate.
Some couples can resolve most separation or child-related issues directly, needing only occasional legal advice. This is often called ‘unbundled legal services,’ where your lawyer provides tailored guidance and helps draft key documents like consent order papers once a financial settlement is reached.
A clear understanding of mutual responsibilities is essential. Your lawyer will outline what each of you is expected to handle from the start.
All our family lawyers at Whitehead Monckton offer unbundled support and are happy to discuss whether it suits your situation and what level of help you may need.
Our family law services extend beyond dispute resolution processes. We regularly assist clients with divorce and separation, financial settlements, pension arrangements, property ownership disputes, and child arrangements.
We also support individuals seeking family mediation for divorce where appropriate, helping separating couples reach practical agreements regarding finances and children without unnecessary conflict.
Where agreement cannot be reached, we can advise on alternative options and represent clients throughout court proceedings where required.
Whether you are facing a separation, financial dispute, child arrangement issue or wider family conflict, our experienced family lawyers are here to help you find the right way forward. Contact our team today to arrange a confidential consultation.
