I need a divorce, but I don't want to go to Court!

When divorce is depicted in film and TV, it’s often as part of a drama-filled storyline, most of which involve a classic court scene. This perception of divorce can deter those who would rather avoid the drama.

Whilst court-action filled divorces do exist and are sometimes the reality, these cases are the exception and not the rule.

UK courts, in general, are attempting to reduce the dramatics, firstly with the introduction of no-fault divorces, which began in April 2022. This change means that when a divorce application is made there is no blame involved and no ‘bashing’ of the other party. The only factor that must be fulfilled is that the relationship has irretrievably broken down. This removes the need to make allegations against the other party, and the risk that they may try and defend the divorce on the basis that they did not accept the accusations made.

Applying for a divorce is now also done online, meaning that no court attendance is required to apply or to get the divorce granted. If negotiations around children or finances fail, there may be a need to go to court. However, most divorces will never make it to the court room with matters regarding the divorce, children or finances, which is what the courts want. The process for settlement is designed to encourage an agreement between the parties without leaving it in the hands of the court.

Recently, there have been more changes to the process, pushing divorce cases even further out of the court room. Non-Court Dispute Resolution (NCDR) is an area of family law encouraging divorce cases to do just this, to settle without having to go to court. The changes mean that if parties in the case refuse NCDR without a valid reason, such as a safety concern, there could be cost implications to reflect this and the potential unnecessary use of court time. This should mean that fewer divorces will go to court over time.

Whilst the encouragement of NCDR is growing, the reality is that court may be unavoidable. Your family solicitor’s role is to get you the best possible outcome for the least cost. They may consider it necessary to go to court, particularly if parties within the case are being unreasonable within negotiations. This may be the only way for your legal representative to get the fair outcome you deserve.

Overall, there is a low likelihood of going to court during your divorce, but it’s not impossible. It all depends on the personalities involved in the case. The most important thing is that you walk away with a fair settlement which is right for you and your family, and that may only be achieved through a day in court.

If you, or someone you know is thinking about getting a divorce and would like to discuss the process with a legal representative, please get in touch with a member of the family team.