Understanding Divorces Go To Court

Despite the introduction of the No-Fault Divorce in April 2022, 20% of divorces in England and Wales go to court. This change in legislation marks a considerable shift in direction, as divorces no longer rest on blame. This often puts couples through lengthy legal battles at a difficult time.

However, some divorces still require a court appearance. The team of family law solicitors at Eatons helps us understand more.

When a Divorce Goes to Court?

Even though you can often settle divorce cases with paperwork and negotiation, some still need a court hearing. Typically, this occurs when a couple cannot agree on dividing assets, or there are disputes about child arrangements. However, court involvement is necessary if one party does not accept the divorce or refuses to follow court orders.

Contested cases like these can take much longer to conclude and may involve multiple hearings before a judge. The team of divorce solicitors at Eatons can assess whether your circumstances are likely to lead to court proceedings. We will then guide the client through the divorce court process to ensure they receive proper representation.

The Divorce Court Process

Applying For A Divorce

If a divorce case goes to court, one party (the applicant) must submit the relevant paperwork (Form D8). For disputes regarding finances, it consists of a Financial Order Application (Form A). For childcare arrangements, they must file for a Child Arrangements Order (C100). The divorce cannot go ahead unless the court receives the correct forms.

Case Management and Directions Hearing

Once it receives the paperwork, the court sets a timetable which may include a directions hearing. It allows the court to determine the terms of the dispute, decide what further evidence they need, and set deadlines.

Disclosure and Evidence Gathering

Both parties must fully disclose information relevant to the case. In a financial case, each person must share information. This includes details about their income, savings, pensions, debts, and property values. In a case involving childcare, the court requires information on living arrangements, school reports, and welfare concerns.

If either party fails to disclose this information accurately, it can lead to penalties or unfavourable judgments.

Divorce Court Fees

The cost of contesting a divorce varies depending on the case's complexity and the number of hearings. In England and Wales, the standard divorce application fee is currently £612. However, disputes over finances or children will require additional fees for applications to Financial Orders or Child Care Arrangements.

Moreover, there is also a charge for attending hearings and legal fees for hiring a family solicitor. Therefore, resolving disagreements outside court can save considerable time and money.

Avoiding Court Where Possible

While some divorces must go to court, it is possible to resolve most disputes out of it. These solutions include mediation, collaborative law, and solicitor-led negotiations.

Mediation

During mediation, an independent mediator helps both parties resolve the dispute. The mediator acts as a neutral third party and facilitates constructive discussion.

Mediation can cover a wide range of issues from division of assets and childcare arrangements to avoiding further conflict. The main benefits of this process are that it is faster, cheaper, and the couple controls the agreement.

Collaborative Law

Collaborative law is a structured approach to resolving a divorce out of court. Both parties appoint trained collaborative lawyers who commit to work together to reach a fair and mutually acceptable agreement.

To start the process, each party must sign a "participation agreement". This confirms everyone's intention to resolve the dispute out of court. If the process fails, a court application becomes necessary. Both collaborative solicitors will need to withdraw, and the divorcing couple must instruct new legal representation.

This process takes the form of a four-way meeting attended by both parties and their solicitors. During this time, there must be a full and open disclosure of financial and relevant personal information. This helps the couple and their legal teams to find creative solutions that meet both parties' needs.

During collaborative law proceedings, the couples' legal teams can call upon specialists. This includes financial advisers, family therapists or child specialists.

Solicitor-Led Negotiations

This is one of the most common ways to resolve a divorce out of court. Each party instructs a divorce solicitor to communicate directly and work towards a settlement. This happens through formal letters that outline proposals and counter proposals. It also includes email exchanges to refine agreements and round table meetings to solve issues.

Ensuring Proper Legal Representation

Following the introduction of the No-Fault Divorce law in England and Wales, it is only when disputes arise that divorces go to court. In those cases, it is important to get advice from an experienced divorce solicitor to manage the process. They will also help reach a fair outcome.

However, the role of a family solicitor doesn't limit itself to the courtroom. At Eatons Solicitors, we often advise couples unsure whether their divorce will go to court. Even though we aim to keep as many cases as possible away from divorce courts, it is sometimes inevitable.

When Does A Divorce Go To Court?