As a niche family law firm which champions a non-confrontational approach to divorce, Jones Myers always strive to offer our clients alternative options to a court divorce, which can be lengthy, costly, and stressful.

In previous articles in the Yorkshire Times series we have looked at alternatives such as mediation and collaborative family practice which always put children’s best interests first.

Clients undergoing divorce are at a crossroads of their lives. While we do everything we can to help them to choose the right path for their circumstances, sometimes going to court is the only viable option.

In what circumstances do couples choose a court divorce?

This largely depends on the advice they receive. Whilst most lawyers will explain all the Non Court Dispute Resolution (NCDR) options to clients, some, who may perhaps have less or no experience in this area, are more inclined to recommend court applications.

The court process has its place. A Judge can compel the production of financial information, ultimately by sending someone guilty of non-disclosure to prison. The court can also order third parties, such as accountants and other advisers who hold information relevant to the case, to provide information. In extreme cases - in particular where there is a lack of engagement in the process - a court can make orders without engaging with one of the parties.

What does a court process entail?

Before an application can be made to the court for a Financial Order, an application must have been made for a divorce or dissolution of a Civil Partnership. The various steps required can be found here .

Before applying for a Financial Order or a Children Order, the person proposing to make the application must either attend a Mediation Information and Assessment Meeting (MIAM) to assess if mediation is an option for them or satisfy the court that they qualify for one of the, increasingly few, exemptions from this requirement.

A financial application will involve the exchange of full financial disclosure followed by a series of up to three main court hearings.

What are the pros and cons of a court process?

The court’s role is to encourage couples to make agreed decisions about their finances and children. In default of agreement, the court can impose binding decisions on them.

Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable.

There is no guaranteed privacy in a court divorce - journalists can get permission to report in family law courts on cases involving finances and/or children’s wellbeing and future.

Couples are appointed a judge, who is unknown to them, and who potentially makes vital decisions on key issues about their future. Continuity is not assured, with different judges often involved in the proceedings.

Court hearings can be costly, stressful and time consuming. They can heighten conflict between the couple and run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

The duration of a court divorce can vary significantly from a few months to years if the issues are contested.

Knowing where to start on this path can seem overwhelming. Whichever route you take, it is vital to secure the best possible legal advice from highly experienced family law professionals like Jones Myers who are members of family law group Resolution and have a strong track record in their respective fields.