Settling a divorce out of court
Court proceedings can exacerbate the emotional turmoil and financial challenges of relationship breakdown. We therefore support couples to resolve issues amicably and collaboratively through out of court settlement discussions, either directly, through mediation, or via solicitor exchanges and round table meetings.
What is an out-of-court divorce?
An out-of-court divorce is where couples reach a financial agreement without the need for court intervention (beyond the court approving the final orders once agreed). For many people, not stepping foot in court and adopting an amicable approach via collaborative negotiations on the division of property, assets, financial matters, and child arrangements is the very definition of a successful divorce.
With the guidance of our experienced divorce lawyers in London, we can fully support this goal. We also ensure that you understand your rights and responsibilities before entering into any agreement, and feel informed and empowered to reach the right divorce settlement for you – one that is fair and equitable, and well within the bracket of what would be ordered by the court.
What are the benefits of an out-of-court divorce settlement?
Reducing stress
Deciding to end a marriage is an incredibly upsetting time in a person’s life. Out-of-court processes seek to overcome conflict through open communication, mitigating the significant emotional impact of court proceedings.
Avoiding unnecessary expense
Involving the courts to resolve disputes can be a costly process. By avoiding lengthy court battles, couples can preserve their financial assets to enjoy and utilise in their post-divorce lives.
Maintaining an amicable relationship
Particularly beneficial for those with children, an out-of-court divorce settlement offers the opportunity to maintain an amicable relationship after divorce by fostering open communication and encouraging both parties to work together.
Saves time
With a primary focus on cooperation, couples can reach mutually beneficial agreements more swiftly, therefore avoiding prolonging the divorce process through lengthy court battles.
What’s involved in an out-of-court divorce?
Maintenance payments
We work diligently to assess the financial needs of both parties and to negotiate fair and appropriate maintenance payments; on an interim and long-term basis, for spouses and their children.
Trusts
We specialise in handling the complexity of trust structures, demonstrating an in-depth understanding of how these assets should be handled during divorce.
Business assets
For those with business interests, we work to safeguard your financial investments while ensuring a fair distribution of assets.
Tax
Our network of tax experts is on-hand to develop strategies that minimise tax liabilities while optimising financial outcomes.
Assets
We approach the valuing and dividing of assets such as property, investments, and high-value items with precision and care to ensure an equitable distribution of wealth.
Offshore assets
We are highly experienced in handling complex cases involving offshore assets ensuring compliance with international laws.
Mediation
Mediation will not be for every case, but can be a very useful tool to aid out-of-court settlements, and where both parties are committed to finding a sensible solution outside of court.
Facilitated by a neutral third-party mediator, mediation provides a safe, open, and non-judgemental environment for discussion and negotiation to take place. Here both parties have the space for their needs to be voiced and heard, with the primary aim of issues to be raised and resolutions to be reached together.
These discussions are completely confidential and cannot be used in evidence at court. It is also important to note that a mediator does not have the power to make or impose decisions about the divorce settlement.
Collaborative law
Similarly to mediation, collaborative law encourages a couple to work together to reach an agreement but with legal representation. This process ensures transparent negotiations and encourages active resolution, while also giving you confidence and reassurance through your legal adviser being by your side. Although Hamblin Family Law does not offer mediation or collaborative Law services, we can recommend excellent practitioners in both fields and can support you in the background while you explore these options.
Arbitration
Arbitration is a very effective way to overcome any unresolved disputes between separating couples in a confidential setting and without the need for court intervention.
Unlike mediators, arbitrators can make decisions that bind the parties on their disputes related to finances, property, or child arrangements. The parties are therefore able to choose the judge and the venue for their dispute to be heard, in an efficient, entirely private and bespoke way, without the fear of still having to go back to court if an agreement isn’t reached.
This alternative is a forum that is gaining real momentum and is very much a route of choice for Hamblin Family Law, particularly in high-value or high-profile cases.
