How to Settle a Divorce Out of Court

You may think divorce is about long, stressful and expensive court proceedings. However, it does not have to be this way. Many separating couples now choose to settle their divorce out of court using Alternative Dispute Resolution (ADR) methods. These can often provide a quicker, less expensive, and more amicable route in divorce. Here we take a closer look at mediation, arbitration, collaborative divorce, and other alternatives, and why you should consider them.

Mediation is perhaps one of the of most well-known alternatives to going to court. It involves both parties meeting with a neutral, trained mediator who helps facilitate discussions and guide the couple towards an agreed settlement. Mediation can be an effective way to resolve child arrangements and financial matters.

Alternative Dispute Resolution (ADR) includes a range of non-court processes that help couples resolve disagreements. In addition to mediation, ADR options also include arbitration, collaborative law, and private financial dispute resolution hearings. These options are designed to reduce conflict, help communication, and avoid court proceedings.

Arbitration is a more structured alternative to mediation. A qualified arbitrator, who is often a retired judge or senior solicitor, will make a legally binding decision on disputed matters. This option is private, can offer a flexible timetable, and is useful if there is a sticking point in financial settlements that mediation cannot resolve. If you go for this option, both parties must agree to accept the final decision.

With Early Neutral Evaluation (ENE) both parties will present their case to a neutral third-party expert, who is usually a senior family law solicitor or barrister. This expert will then offer an early opinion on the likely outcome of the divorce proceedings if they went to court. The evaluator’s opinion is not legally binding but their expert opinion can often be a useful reality check that means one or both parties reconsider their positions and compromise.

Private Financial Dispute Resolution (p-FDR) hearings replicate the structure of a court FDR but are held privately, outside the court system. Both parties appoint a neutral evaluator, again usually a senior solicitor, barrister or retired judge, who then provides an indication of how the court might resolve the financial dispute.

Private FDRs can be scheduled quickly and held in more comfortable surroundings than a courtroom. They are confidential and often cost-effective.

In a collaborative divorce, both parties and specially trained solicitors commit to resolving issues without going to court. Everyone signs an agreement promising to work together constructively, and all negotiations happen in a series of face-to-face meetings. Other professionals, such as financial advisers, may be involved as needed. This method works well for couples who want to retain control over their divorce while receiving legal support throughout the process.

The advantages to resolving your divorce out of court can include potentially lower legal costs, faster resolution of disputes and greater control over the outcome. ADR methods are more flexible with tailored solutions, and improved privacy and confidentiality. Avoiding court can also help with co-parenting relationships post-divorce.

If you are separating or considering divorce, it is worth considering if an out-of-court settlement is an option for you. There are a number of options, such as mediation, arbitration, and collaborative law, open to you. Our team of specialist family law solicitors can help guide you through the options. Settling a divorce without going to court isn’t just possible, it’s often the most sensible and sustainable choice.

As leading family law solicitors in Milton Keynes in Milton Keynes, our team of specialists can advise and guide you from the moment we start working with you.

As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand.

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This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.