Can A Divorce Be Settled Out Of Court?

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Divorce can be a trying experience, but opting for a settlement agreement instead of going to Court can help you save time, money, and reduce worry. Whether you have concerns about maintenance payments, child support, parenting time, legal decision-making, or the matrimonial home, you can reach an agreement with your spouse to avoid a prolonged legal battle.

You have the freedom to enter into a divorce agreement at any point, including during your final hearing, without facing any negative consequences or pressure from the Court. While the judge is open to hearing your divorce case and making decisions for you, they will also accept a reasonable settlement agreement in its place.

Expert Family Law have a panel of family law solicitors with the experience and expertise required to assist divorcing couples throughout the divorce process, from applying for a divorce, right through to finalising the divorce and dealing with any financial issues.

Can a divorce be settled out of Court?

Yes, it is possible to settle a divorce out of court in the UK. In fact, it is encouraged by the courts as it can save time for all involved parties.

The process of settling a divorce out of court involves negotiating and reaching an agreement on the terms of the divorce, such as division of assets, child custody and support, and spousal maintenance. This can be done through mediation or collaborative law, where both parties work a collaborative process with their lawyers to reach an agreement.

Once a collaborative divorce agreement has been reached, it can be submitted to the court for approval. If the court is satisfied that the agreement is fair and reasonable, it will be made into a court order and become legally binding.

When parties mutually reach a financial agreement, they can prepare a Financial Remedy Consent Order and submit it to the court, without the need for either party to attend a court hearing and avoiding going through a full financial disclosure. However, if the parties cannot come to an agreement, then one may need to apply for a Financial Remedy Order, which can initiate a lengthy and stressful divorce process.

If the parties are unable to reach an agreement, they may need to go to court to have a judge make a ruling on the issues in dispute.

Alternative Dispute Resolution methods

There are several alternative dispute resolution (ADR) methods that can be used to settle a divorce out of court in addition to the ones already mentioned. Here are some examples:

  1. Negotiation: This is a process where the parties, with or without their solicitors, communicate and try to reach an agreement on the issues in dispute. Negotiation can take place through letters, emails, or face-to-face meetings.
  2. Collaborative Law: Collaborative law involves the parties and their lawyers working together to reach a divorce settlement. The lawyers assist in negotiations and provide legal advice and support throughout the process.
  3. Mediation process: Mediation is a process where a neutral third party, the mediator, assists the parties in reaching an agreement. The mediator facilitates discussions and helps the parties identify common ground and work towards a resolution.
  4. Arbitration: This is a process where the parties agree to have a neutral third party, the arbitrator, make a binding decision on the issues in dispute. The parties can agree on the arbitrator, the process, and the rules that will govern the arbitration.

Alternative dispute resolution methods can be more cost-effective and efficient than court proceedings. They also provide more flexibility and control over the outcome of the divorce, as the parties are actively involved in the decision-making process.

However, it is crucial to avoid prolonged negotiations if it becomes evident that an agreement cannot be achieved. Delaying the decision to proceed with court or arbitration can lead to increased costs beyond what was originally expected.

What do divorce solicitors do?

Divorces bring up a lot of issues to consider, from financial settlements to the decision of child maintenance.

It is possible to manage your divorce or dissolution yourself using an online service provided by the Court service. However, many parties to a divorce opt to use divorce solicitors to make the process easier and as stress free as possible. A divorce solicitor will:

  • Provide you with the right advice
  • Assist you with paperwork, forms and applications
  • Assist in avoiding court
  • Ensure your best interests are considered
  • Help you come to an amicable conclusion
  • Assist in finding undisclosed or hidden assets and information

Throughout the process of divorce, you will need someone experienced in this field of law to fight for your best interests. This is why it is a good idea to have an experienced family law solicitor on hand to guide you every step of the way. Having the right team on your side can make the divorce process as stress free as possible during this difficult time.

Can a divorce be settled out of court: Our Panel

Our panel of friendly and professional divorce lawyers have the expertise and experience to deal with your case professionally and with empathy. They will guide you through the divorce process, helping you to make the difficult decisions in an understanding, non-judgmental manner.

We ensure that the divorce solicitors on our panel have the skills and experience required to assist on your legal case. We can assure you that your case will be dealt with in a compassionate and understanding manner.

Each solicitor we work with is authorised and regulated by the Solicitors Regulation Authority (SRA).

Our panel of divorce solicitors and experienced family law firms will help you to navigate a range of issues and disputes, such as financial matters and will assist you in reaching an agreement on such issues.

Whether you are going through a divorce or dissolution of a civil partnership, our panel of family law solicitors will provide pragmatic legal advice and assistance, guiding you through every step of the financial dispute resolution process.

Get in touch today using the form at the top of the page to find out if a divorce solicitor from our panel could help on your case.

 

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