Do I have to go to court for divorce?
It is important to stress that parties will largely only engage in court proceedings if they are unable to resolve financial matters by agreement. Unless contested, it is quite common for parties to never step foot inside the courtroom, instead, securing their divorce via a post based or online process. In fact, over 80% of our cases do not end up in court.
Financial matters can be resolved voluntarily between parties and an agreement drawn up and put before the court in the form of a Financial Remedy Consent Order, again without either party having to attend a hearing. The problem arises when parties are unable to reach an agreement and therefore one makes an application for a Financial Remedy Order, thus starting the long and stressful divorce process. How then do you avoid such an application?
The basis of settling divorce out of court comes from a joint intention from both parties to adopt an amicable approach and be willing to engage in constructive, productive dialogue recognising that reasonable compromises will have to be made on both sides.
With the intention in place, an ADR approach is a very viable alternative. But what does the term mean?