How to resolve a family law case out of court

family law

Unfortunately, families don’t always get along as much as we’d like. Whether it’s a divorce, complicated child custody case or you’re simply looking to arrange living arrangements for your spouse, you may want to find a solution to your case that can be settled out of court.

Attending court can be a scary experience for anyone, no matter what age you are. However, the legal environment can be especially intimidating for those needing to discuss personal matters, so it’s not uncommon for families to opt for out-of-court legal agreements.

In this guide, we’ve shared the simple ways that you can resolve common family law cases outside of the traditional court, as well as mediation tips to ensure that your legal proceedings are successful:

What are the benefits of solving a case out of court?

Whilst attending Court is sometimes necessary if both parties fail to make a mutually beneficial agreement, attempting to settle your family law case out of court can offer the following benefits:

  • No expensive court or legal fees
  • Less emotional distress
  • Higher chance of having your own terms agreed

Can I settle my family law case out of Court?

Often referred to as ‘litigation’, you may be surprised to learn that many families are required to prove that they’ve attempted to reach an out of court decision before even applying for a hearing (unless there are extreme circumstances, such as domestic abuse).

Not only does this help anybody involved avoid the stress of presenting their case in front of a judge, but it eliminates the chances of a court having to hold a hearing where both parties already agree on the outcome.

Getting a divorce out of court

One of the most popular types of family law case that can be done without attending a court is a divorce.

Many people assume that they have to attend a hearing in order to explain the reasoning behind why they’re wanting to get a divorce when in fact, you can complete the paperwork without physically attending a family court.

Considering it’s one of the most commonly-occurring family law events in the UK, it’d be a nightmare if every spouse was required to attend court for a divorce!

Family law mediation

When it comes to reaching an out of court agreement for your family law case, it’s only possible to complete the case outside of a hearing if an agreement is able to be made.

For example, a child custody case can be resolved when both parents sit down and plan visitation times, dates and who the child will live with. If both parents agree and the decision is beneficial for both parties, they’re able to write to a Court and have the agreement made legal.

As you can see, not all family law-related issues have to be fought and finalised in your local family Court but unfortunately, not all cases are able to be. Whether your spouse is making things difficult or you’re still failing to make an agreement mutually, you may need a specialist family law solicitor to advise on the next best steps.


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