Alternatives to Going to Court to Resolve a Family Law Dispute

Posted onJanuary 20, 2025

When you separate or start divorce proceedings, there is much to take on board. You will want answers to pressing questions, such as will the children live with me? Can I stay in the family home? Will I get child support or spousal maintenance or must I pay it? Your Family Law Solicitors will also have lots of questions for you as without accurate information they can't give correct legal advice. They will also want to discuss how you want to settle any family law disputes. This will involve an explanation of all your non-court-based alternatives.

Online and London Family Law Solicitors

Call the expert London Family Lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.

Is going to court necessary?

Going to court can be necessary and urgent. A London Family Lawyer can explain if a court application is your best option and why speed is sometimes essential.

Examples of when you should apply to court without first trying to negotiate with your ex-partner include:

Threats of child abduction and taking your child out of the UK without your permission
A parent refusing to return your children to your care in situations where you think your children are at risk of real harm if they remain with their other parent
Ongoing domestic abuse and you fear for your safety and the safety of your children
Your estranged spouse is emptying bank accounts and selling assets and you need a financial injunction to stop them from doing that

It is reasonable to try to negotiate before making a court application in some of the above scenarios. For example:

If a parent has said they plan to take the children to live in the US but you know that they won't leave the UK without either first getting your written agreement or a court order permitting them to do so
If your ex was violent three months ago in an isolated incident and immediately left the family home and agreed to stay away, you may feel confident that you don’t need the security of a non-molestation order and occupation injunction.

Every family situation is different. That’s why it's best to talk to a Family Law Solicitor to discuss if you need to make a court application without first trying to reach a non-court-based solution with your former partner.

Why you should consider non-court-based options to resolve family law problems

The family court encourages separated couples and parents to resolve financial and parenting issues by using one of the many available non-court-based resolution options. If you don’t do so, and the court thinks you should have done so, there are potential penalties:

The court could adjourn your court application and tell you to use a non-court-based resolution option
The court could make a cost order against you if they think the court application was unnecessary

Even without court encouragement to reach an agreement outside court, there are several reasons why it could be in your interests to do so:

It is quicker
It is normally cheaper
With an agreement you know what you are agreeing to. In court proceedings, the judge decides what happens and you have no control
If you don’t like a judge’s decision it is hard to appeal against the order unless the judge got the facts wrong or applied the law incorrectly

Family lawyers can look at your situation and explain your non-court-based resolution options and why one type is likely to be best for you. Your input into the decision-making process will be important. For example, you may know that your ex-partner won't go to family mediation but is likely to engage in arbitration.

Court and family law statistics

The Ministry of Justice publishes court statistics. The latest information covers the period from July to September 2024 and reveals:

There were 13,649 new private law children applications made from July to September 2024
Children law applications rose by 2% from July to September 2024, compared to the equivalent quarter in 2023
Children law decisions or disposals fell by 4% in the equivalent quarter in 2023
From July to September 2024, it took an average of 41 weeks for private law children cases to reach a final order

41 weeks is a long time to spend in court proceedings to secure a child arrangement order, specific issue order or prohibited steps order. That’s why many parents are willing to look at cheaper and quicker alternatives to court.

In some cases, there is no alternative other than to make an application to court. For example, if you want to divorce, you must start no-fault divorce proceedings.

If you need an urgent order, you should not worry about court statistics. If you are at risk of domestic violence or if you fear for the safety of your children the court can make a same-day emergency order.

If your ex-partner won't compromise or negotiate, then despite the court delays, you don’t really have an alternative other than to make a court application.

Alternatives to family court decision-making

There are several options available to separating couples and parents to help them agree on the arrangements for their children or to reach a financial settlement.

The non-court-based resolution options include:

Solicitor negotiations
Family mediation
Family arbitration
Early neutral evaluation
Private financial dispute resolution

At OTS Solicitors, our specialist Family Law Solicitors can provide the expert legal advice you need whatever your choice of non-court-based resolution method.

When one of our Family Lawyers meets up with you, we will explain your options and the potential costs and timeframes so you can come to an informed decision.

If I use non-court-based resolution, do I need a family court order?

If you use a method of non-court-based resolution and can’t reach an agreement then you or your ex-partner will need to make a court application for a judge to resolve the dispute.

If you reach an agreement using non-court-based resolution methods you may need an agreed court order. Getting an agreed order is quicker and cheaper than asking the court to decide a disputed family law issue at a contested final hearing. Most agreed financial consent orders or child arrangement orders are made with a minimum amount of paperwork. With agreed financial orders there is no need for you or your solicitors to attend a court hearing.

Examples of when you need a court order after reaching an agreement include:

Divorce proceedings to get a no-fault divorce and final divorce order
Financial consent order to protect you with a clean break order or to provide as evidence of the order for pension administrators where there is a pension sharing order or mortgage companies wanting evidence of income as part of their mortgage application process where the mortgage applicant is partially reliant on spousal maintenance
Agreed child arrangement order where it will help with an immigration or other application

Our specialist Family Law Solicitors have considerable experience representing separating couples in all types of family law court proceedings. That expertise helps us find non-court-based resolutions so you avoid the expense and frustrations of contested family court proceedings.

If you want to find out more about non-court-based resolution then our family law experts are here to help, whether it is a query about preparing for and attending a Mediation Information and Assessment Meeting (MIAM) or advice on whether family arbitration would be your best option in a complex financial settlement negotiation.

Online and London Family Law Solicitors

Call the expert London Family Lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.

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