April May 2014 April.May 2014 2 | Page 60

what’s on: business & legal ask the legal expert: divorce - the facts and the fiction With an estimated two in five marriages ending in divorce we speak to Nicola Kerr, Senior Solicitor of the Family Law Team at Simpson & Marwick, and ask her to dispel any confusion surrounding this topic. Divorce is undoubtedly more common than it was fifty years ago. The perception of the general public is that the involvement of solicitors will make things more difficult and acrimonious, thereby leading to a courtroom battle. With the media frequently reporting on celebrity divorces and courtroom dramas in soap operas and television programmes, it is understandable why the public perception is what it is. However, the reality in Scotland is very different. Clients are always hugely relieved when we inform them that the majority of our divorce cases are settled by negotiation without the need to ever go anywhere near a courtroom. For us, litigation is very much a last resort. There are various methods of alternative dispute resolution now available to separating couples, including collaboration, mediation and arbitration. Firstly, collaboration is an innovative form of dispute resolutio