How can I avoid going to court in a divorce?

To avoid court, it is essential to have sufficient disclosure of each other’s assets and income and identifying any issues. However, if this is impossible in your case – for example, your partner buries their head in the sand and refuses to engage with you – then application to the court may be unavoidable. Even so, all is not lost. Court orders (sometimes with cost penalties for non-compliance) may be the only way to progress, but this does not mean that a final hearing with the accompanying stress and expense is also inevitable.

Choosing the right solicitor is a personal matter. It is about finding someone who you feel comfortable with but also confident in. They should support you in your aim to resolves matters as amicably as possible. Solicitors who are experienced in resolving matters outside of court will have a range of skills and techniques to ensure matters remain collaborative to seek an amicable resolution. Good communication is always key to helping resolve disputes and keeping tensions low.

Mediation is a process whereby the parties appoint an independent and neutral mediator who assists them in communications, in an attempt to find their own solution. Parties usually attend mediation without solicitors, but obtain solicitors’ advice between session to help guide them to the right settlement for them.

A popular form of dispute resolution in financial proceedings is to have a private Financial Dispute Resolution Hearing (pFDR), also known as Early Neutral Evaluation (ENE). This is where the parties agree a neutral third party – often a senior barrister or judge – to consider the case and provide their opinion outside the court framework.
This is a bespoke solution: you can choose your judge, the hearing will take place in a calm location (often the barrister’s offices), at an agreed time of your choosing. You can be sure that your judge has read the papers and, after giving you an indication of the likely outcome, will be on hand for the day if required while you try to negotiate a settlement. You cannot be bound by the judge’s indication and all discussions are ‘Without Prejudice’, but we find that the majority of cases are resolved in this forum.

If none of these steps are successful, it may still be worth considering arbitration as an alternative to court proceedings. Arbitration can be arranged whether or not court proceedings have commenced and, like ENE, you would agree the judge, location and timing of the hearing. The difference is that in this forum, you both have agreed the decision will be binding. It therefore mirrors a court decision, as it can be appealed in some limited circumstances. The main benefit is the fact it avoids all the long waits currently experienced in the family courts. It is also completely private, which is important for those that prioritise confidentiality for personal or commercial reasons.

Contact our specialist family and divorce law solicitors today and they will be able to provide more information and advice about these alternative ways of reaching a financial agreement with your partner for a personalised, cost effective and expeditious conclusion which is fair for the whole family.