Out Of Court

There are many benefits to mediation, collaboration, and arbitration, including:

• Speed: An out-of-court divorce is typically completed within six months, where the court process can take up to two years

• Lower cost: Less time spent on the case means lower solicitors' fees, and you won't have to pay for your case to be considered by a judge

• Lower stress: Out of court divorce can be less confrontational, and help minimise stress for your children

• A better working relationship with your ex-partner: Settling out of court can lay the foundations for a good working relationship in future

• Flexibility: These processes have a lot more flexibility and can fit around your life – rather than you waiting for dates and attending hearings

• Privacy: Arbitration is completely private, which makes it useful for those in the public eye.

For out of court divorce to work, you and your ex-partner both have to be:

1. Willing to negotiate and reach an agreement
2. Honest about your financial circumstances and needs.

If your ex partner is resistant, we can have a conversation with them about how it will benefit them too (in terms of cost, time, and any future coparenting relationship). If they still won’t cooperate, it may escalate to solicitor negotiation and court proceedings.

If you can’t agree on child arrangements with your former partner (whether alone or through mediation), the court will need to decide for you.

The best interests of the child will be the absolute priority of the court. It recognises the importance and involvement of both parents in a child’s life, so it’s unusual for a parent to get sole custody or residence unless there’s a question of their safety. It also recognises the benefits to children spending time with extended family (e.g. grandparents).

The court must consider all factors listed in the welfare checklist in Section 1 of the Children Act, including:

Any harm or risk of harm to the child
Each parent’s ability to meet the child’s needs
The likely effects of any change in circumstances
The child’s physical, emotional, and educational needs
The child’s age, sex, background, and any other relevant characteristics
The child’s wishes and feelings (bearing in mind their age and understanding).

Although the court’s decision will be legally binding, there may be situations when arrangements can change in the future, like if your circumstances change.

No one should have to go through the courts or manage an emotional conflict alone.

Professional lawyers, counsellors, and family therapists can help you reduce conflict, speed up a resolution, and build a respectful relationship between you and your ex-partner. This undoubtedly helps minimise impact on your children.

Out of court divorce doesn’t work for everyone. If your ex-partner isn't honest about their financial circumstances, or isn't prepared to negotiate or make compromises, it may have to go to court where a judge will make the decision for you.