Here, they chat about some of the alternatives to long court proceedings and escalating costs during a marital breakup.

L: You often hear criticism that divorce lawyers “make the situation worse”. It’s frustrating, isn’t it?

C: Yes – there seems to be an assumption that consulting a lawyer inevitably means you end up in court, spending a fortune on legal fees.

L: When the reality is that very few of our cases end up in court nowadays. Unlike a few years ago when court was the only option for people who couldn’t agree on things, there are so many more options to discuss with clients who don’t know where to start.

C: Yes – there are a number of alternatives to court that are legally recognised as a way to resolve things. And our experience means we can explain each of those options to our clients and help them make the best choice for them.

L: I suppose most people may have heard of mediation, but in my experience, that is largely based on trust. And trust is something often missing at the beginning of a divorce process, meaning negotiating a financial settlement in mediation comes with risks.

C: I agree – although it can work well to agree arrangements for children in the early days of separation. A process which works extremely well for resolving financial arrangements is early neutral evaluation. I have used that with great success in complicated financial cases. It can bring about swift resolution – but with the scrutiny more usually found in a court process – meaning a couple can be sure the financial outcome is the right one.

L: So not dissimilar to Arbitration?

C: That’s right – Arbitration also has all the checks and balances of a court process but with the added advantage that you can use it to just to decide one issue.

L: So good for a couple who can agree on everything except maybe the right level of maintenance – whereas once you are in a court process, everything is “up for grabs”?

C: Yes – and of course, we have private financial dispute resolution appointments where you can opt out of the court system to try and agree on things, then opt back in if it fails. A bit like using private health and the NHS in conjunction with each other.

L: So, some routes are better than others depending on a particular client’s circumstances. And we can help them choose the best path for them.

C: And whichever route the client chooses, we can make sure they have the right legal orders in place at the end to make sure their agreement is legally binding on everyone. You and I have both had experience with clients trying to do things themselves, not realising they need those legal orders, and then years later, an ex-spouse coming back for more.

L: So, people shouldn’t fear coming to see a lawyer – we can actually show them so many more ways forward than just court.

C: Exactly.

Christine and Liz are experienced legal experts for when relationships go wrong. 

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