Getting divorced use to mean going to court, and many couples contacting solicitors in Ipswich still assume they will end up in the courtroom. However, this no longer has to be the case – and often the many associated costs and stresses can be avoided. Today, it is largely up to the couple themselves to control how much involvement a court needs to have in their divorce, apart from the actual legal process and paperwork required to change legal status.
At Barker Gotelee, we favour a collaborative approach and do all we can to help couples reach a settlement by agreement and mediation, with a journey to court being seen as a last resort. Here we look at 5 good reasons for staying out of court when a marriage ends.
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1. Minimise Stress
Court appearances are stressful, so avoiding the need for them if possible will reduce the strain all round, both on you and your partner and on other members of your family. This is a reason why it is much better if arrangements can be agreed among the couple concerned without the need for legal rulings. As expert solicitors based in Ipswich, we at Barker Gotelee have a mediation department which can help you try to reach an amicable settlement.
2. Minimise Expense
Going to court during a divorce incurs extra costs – especially in terms of solicitor time. However, by using collaborative family law, we can help you to keep down the expense involved in a break-up. This means working together with your former partner and their family solicitors to try to reach an agreed outcome which is fair to all concerned. According to the National Audit Office, the cost of a divorce which goes to court can be as much as four times that of one settled via a mediator, so it really does pay to think again before embarking on a legal battle.
3. Minimise Time Taken to Settlement
As well as the stress involved in the court case itself, the time lost in between court appearances is also a source of additional worry. Waiting for a court to hear your case can mean months where you are left feeling as if you are in limbo. An out-of-court settlement should be much quicker to achieve, allowing all parties to get on with their lives without unnecessary delays. Children especially benefit from knowing what is happening quickly and what the new arrangements are going to be, without long periods of uncertainty.
The National Audit Office has estimated that a divorce case taken to court can take an average of 435 days to complete, compared to just 110 days for a divorce where the settlement has been arranged through mediation. Of course, one reason for this is that it tends to be the more complicated divorces which go to court. Nevertheless, these statistics do underline the fact that court cases can add greatly to the time taken to negotiate the terms of a break-up.
4. Maximise Control Over Outcome
Leaving it to a court to decide the terms of a divorce inevitably means you have less control over the final outcome. Legal decisions which have not been voluntarily entered into can lead to a feeling of injustice, and this can affect acceptance of the settlement by one or both parties. Wherever possible, negotiating outside the confines of a court allows a more practical settlement to be reached, which is more likely to suit all concerned in the longer term. Finding family solicitors based locally in Suffolk will mean you can get the advice you need to help achieve a workable outcome.
5. Maximise Chances of Amicable Relationship in the Future
Going to court tends to amplify the differences between parties, and can create a higher chance of things turning bitter – which then influences the relationship going forward. Reaching an agreement between yourselves outside court makes it far easier to get to a positive working relationship after the divorce.
This is especially important if you have children together, who could suffer emotionally if rancour continues between their parents. Keeping things as amicable as possible is also helpful if you have other shared interests such as a jointly-owned property or business.
Yet another reason to stay out of court is that trying to reduce bitterness as far as possible is also likely to be helpful for you personally. It could help to improve your chances of building a happy new relationship if you are no longer harbouring bitter feelings about the previous one.
About Barker Gotelee
As established solicitors in Ipswich, Barker Gotelee have wide-ranging experience in all areas of family law, including divorce. We work closely with our clients, building a good relationship, and take an approach which emphasises negotiation and collaborative law.
Family Solicitors in Suffolk – If you are looking for a solicitor based locally in East Anglia, follow the link to find out more about our services.
