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Jones Myers
As a niche family law firm which champions a non-confrontational approach to divorce, Jones Myers always strives to offer our clients alternative options to a court divorce such as mediation or collaborative family practice.
Clients undergoing divorce are at a crossroads of their lives and do not take such an enormous decision lightly. It presents numerous emotional, financial and practical challenges, even where both agree the relationship is over.
While our experienced family law experts do everything we can to help them to choose the right path for their circumstances, sometimes going to court is the only viable option. I explain in more detail below.
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, though rarely, 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 couple.
What is involved in a court process?
Before an application can be made to the court for a Financial Order – which sets out how the financial assets of separating couples will be divided – 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 Child Arrangements Order – a court order court setting out the living arrangements of a child or children involved in the divorce – the person proposing to make the application must either attend a Mediation Information and Assessment Meeting (MIAM) or be eligible for one of a small number of exemptions.
The MIAM assesses whether mediation is an option for the separating couple. A financial application starts with the exchange of full financial disclosure which is then followed by a series of up to three main court hearings.
What are the advantages of a court process?
Court applications are often started because one of the couple refuses to engage. Only a Judge can compel someone to produce documents or make orders in the absence of co-operation.
The court’s role is to encourage couples to make agreed decisions about their finances and children. However, some couples, for a variety of reasons, are simply unable to reach agreement and need someone to make that decision for them. In default of agreement, the court can impose binding decisions on them.
…and the disadvantages?
In court proceedings couples run the risk that they will lose control of decisions which will affect them for years to come. They may well not agree with what the court imposes but in reality will find it difficult to do anything about it – appeals are rare and costly.
There is no guaranteed privacy in a court divorce – journalists can obtain 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 at different stages of the proceedings.
Court hearings can be costly, stressful and time consuming. They heighten conflict between the couple which inevitably has a negative impact on their children and wider family.
The duration of a court divorce can vary significantly from a few months to years if the issues are contested. The court system is under strain and there is always the risk that a hearing may be cancelled or put off if there is insufficient court time or no available Judge.
Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable. Negotiated agreements are easily converted into court orders without the need for any hearings.
What are the first steps for those in this situation to take?
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.
In circumstances when going to court is a client’s only viable option, Jones Myers is highly experienced in litigating in all court arenas from the Magistrate’s Court through to The Supreme Court.
Our legal experts are dedicated to safeguarding our clients’ best interests throughout the process, taking into careful consideration their immediate and long-term needs – and helping them to face the future with confidence.
For queries on divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce.
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About Nicki Mitchell
With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.
A skilled Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.
Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk 01904 202553, www.jonesmyers.co.uk