Good Divorce Week: Promoting a constructive approach to divorce

Good Divorce Week is an initiative led by Resolution, a community of over 6,500 family justice professionals, to raise awareness of ways to minimise conflict for separating couples. This year, from 10 to 14 November the focus of #GoodDivorceWeek is to promote Resolution’s Code of Practice which encourages lawyers to adopt a constructive approach to divorce, putting the different needs of each family first.

Contrary to stereotypes, turning to the court for help is rarely the most constructive way to resolve disputes. In fact, legal reforms introduced in April 2024 mean that individuals must consider out-of-court options before involving the court. In this article, we explore alternative methods of dispute resolution and key areas of advice to consider at the outset of a divorce.

Why court shouldn’t always be the first step

A recent report by the Ministry of Justice revealed that the average duration of private cases in the family court has increased from 26 weeks in 2018 to 41 weeks in 2024 – a 35% rise. This increased delay underscores the importance of resolving matters outside of court wherever possible. A major part of this is ensuring that individuals are aware of their options and take advice early on, so that they can make informed and proportionate decisions, avoiding unnecessary litigation.

Following the introduction of no-fault divorce in April 2022, the process of obtaining a divorce is now straightforward, unless one spouse disputes the divorce, and can be done online. However, resolving financial matters on divorce and arrangements for the children are dealt with separately and can be resolved in a variety of ways, without issuing court proceedings.

Options for out-of-court dispute resolution include:

1. Mediation, where a neutral family specialist helps parties communicate to explore whether they can agree a financial settlement and arrangements for the children together;

2. Collaborative Law, where each party instructs a lawyer and everyone works together in a series of meetings to reach a resolution;

3. Arbitration, which involves instructing a specialist family arbitrator (usually a barrister) to make a legally binding decision on an issue in dispute; or

4. A Private Financial Dispute Resolution (“FDR”) hearing where a specialist family lawyer acts as a judge to give a non-binding opinion intended to encourage negotiation.

These alternatives to court very often lead to early agreements in financial and child related matters, saving time, legal costs and, perhaps most importantly, can reduce the significant emotional impact on the parties and their children by concluding matters as swiftly as possible. A further significant advantage is that these out-of-court alternatives are private, whereas proceedings in the Family Court can now be reported, following longstanding calls for greater transparency.

Beyond process: keys areas of advice   

Alongside considering how to resolve disputes, the following issues should also be considered at the outset:

1. International complexities: Are there international considerations to be addressed urgently like, for example, where to commence divorce proceedings and which jurisdiction is the most appropriate to deal with the financial affairs of the parties?

2. Specialist legal advice: Do you need the advice of a family lawyer with specialist expertise in complex financial settlements involving: business interests, pensions, trusts, inherited wealth and/or where there are international connections?

3. Arrangements for children: Are there urgent decisions about the children that need to be made including where they will live, how much time they will spend with each parent, which school they will attend and whether they can move abroad with one parent?

4. Protective orders: Do you need advice about a non-molestation order and/or occupation order where there are issues of domestic abuse?

5. Tax and financial advice: Are there tax implications which need to be considered as part of a financial settlement, and do you need financial advice alongside negotiating a financial settlement?

Our family team has a wealth of experience in helping individuals navigate the complexities of divorce and our advice is underpinned by Resolution’s Code of Practice to resolve matters in a constructive way. Getting expert advice from a Resolution lawyer can reduce conflict, save money in the long run and ensure a fair and informed settlement. It also ensures that the needs of any children and the wellbeing of the family are put first. Resolution’s #GoodDivorceWeek reminds us that divorce doesn’t have to be a battle and, with the right guidance, families can separate with dignity. We are proud to stand with our fellow family justice professionals this week, and every week, to promote a better way.