Out of Court Divorce | Divorce Lawyers & Family Law Solicitors | Austin Kemp
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Divorce & Family Law

Out of Court Divorce

Just because you want a divorce, it doesn’t mean you must take your disagreements to court. Couples can get an out of court divorce.

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Legal 500
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Families can have an amicable separation, which ensures constructive, healthy and beneficial negotiations between both parties. It saves you money and gets the job done.

How Can Austin Kemp’s Divorce Solicitors Help You?

Dissolving a marriage is a hard and draining process. Especially when you’ve been with a partner for years and have built a home and a family together. At Austin Kemp, our solicitors are here to support you every step of the way.

We can make the divorce as stress-free and manageable as possible. We will listen to you and your soon-to-be ex-spouse, discuss your options and help find mutually beneficial agreements. We can give you practical advice on how to maintain your financial security, home and family.

If dissolving a marriage is against your religion, our divorce solicitors can inform you about other types of separation that can be useful for everyone involved.

How to Get an Out of Court Financial Settlement

There are different ways you can approach your legal separation. The goal is to reach agreements without having to go to a judge to solve them. The options below can help you get an out of court settlement.

Collaborative Divorce

Divorce is a legal process for ending a marriage. Collaboration is a method that uses a combination of standard divorce and mediation where solicitors help mitigate the challenges. You and your soon-to-be ex-spouse hire lawyers and try to work out the problems without litigation and then formalise them.

Mediation

Divorce mediation is a more flexible and cost-effective process for divorce, which involves a neutral, third-party mediator. The mediator is a skilled expert who can help couples find a mutually beneficial compromise. The mediator brainstorms ideas, encourages empathy and openness, and gives couples a reality check.

Solicitor to Solicitor Negotiation

Solicitors work out different options that can help couples find an agreement. Solicitors can help narrow down the problems, set a positive tone and work out different details, such as buying a house after divorce, to give both parties peace of mind. This is a highly beneficial option for couples who don’t want a settlement to be imposed on them.

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Collaborative Divorce

Divorce is a legal process for ending a marriage. Collaboration is a method that uses a combination of standard divorce and mediation where solicitors help mitigate the challenges. You and your soon-to-be ex-spouse hire lawyers and try to work out the problems without litigation and then formalise them.

bob

Mediation

Divorce mediation is a more flexible and cost-effective process for divorce, which involves a neutral, third-party mediator. The mediator is a skilled expert who can help couples find a mutually beneficial compromise. The mediator brainstorms ideas, encourages empathy and openness, and gives couples a reality check.

bob

Solicitor to Solicitor Negotiation

Solicitors work out different options that can help couples find an agreement. Solicitors can help narrow down the problems, set a positive tone and work out different details, such as buying a house after divorce, to give both parties peace of mind. This is a highly beneficial option for couples who don’t want a settlement to be imposed on them.

What Is an Out of Court Divorce?

Out of court divorce means working out strategies, terms and agreements with your former partner, often with expert help. Experts can guide you through the entire process and ensure that both sides get treated fairly, without having to start court proceedings. The formal process of ending the marriage is then much smoother and simpler and a financial order can be obtained by agreement, without either party needing to attend court.

How to Get a Quick Out of Court Financial Settlement

Ending a marriage is usually a long and time-consuming process. If you go to court to resolve financial issues, you would need to plan for many court hearings and consultations with your lawyers. The fastest way to resolve these issues is with either mediation or solicitor negotiations.

For mediation, couples usually need 2 to 4 separate sessions. Solicitor negotiations can be done on the phone or during one or multiple round-table meetings. Our family law solicitors at Austin Kemp can recommend an out of court option that works for you.

What Are the Benefits of an Out of Court Matrimonial Settlement?

Couples often find it difficult to look past their resentment and anger and work out problems on their own. When you involve a neutral third party, you can get a realistic perspective on the future and the different agreements that can help. Here are the advantages of settling divorce finances out of court.

It Gives You Predictable Outcomes

When you go to court, odds are you and your partner won’t obtain mutually beneficial orders dealing with matters such as transfer of property or child visits. This can affect your children.
With out of court divorce, our experts can help you negotiate fair arrangements and offer predictable outcomes. You will also get satisfaction knowing you’ve done what’s best for the entire family.

It Reduces the Emotional Toll

The biggest problem with divorce is the insane amount of stress. You and your partner can feel a lot of pressure to work out your problems in good faith. But, this can be difficult when there are more people involved in the relationship, serious financial obstacles, children or other issues.
Out of court settlement minimises the emotional stress and helps end the marriage efficiently and quietly.

It Helps You Save Money

With legal practitioners, court proceedings and accounting fees you should expect to spend a hefty sum. You will be working with your divorce solicitor to find a solution on your behalf. Out of court settlement takes on a different approach.

Not only is it more affordable, but it also thinks about your children and how the divorce settlements will affect them. So, the goal is to offer mutually beneficial settlements and the things both partners are entitled to. Want to know what you are entitled to? Check out this divorce calculator.

What Are the Risks of Getting an Out of Court Settlement?

Out of court settlements are not for everyone. Sometimes court hearings are necessary when there is a history of abuse or domestic violence. Safety should remain a top priority, especially when one or both partners prefer to solve their conflicts through violence.

A settlement may not be possible if both sides can’t remain level-headed and open-minded. This can be a serious issue when they have complex problems, such as valuable assets, many legal issues to resolve or other problems. Settling out of court can only work if both sides are willing to find solutions and remain amicable

Can I Get Divorced without Going to Court?

You still have to apply and pay a fee to the court if you want to get divorced in England and Wales, but if you don’t have a dispute to solve, you won’t need to attend multiple court hearings. You can file for divorce without apportioning blame if:

  • You have been married at least a year
  • The marriage has irretrievably broken down
  • The court has jurisdiction to hear the case.

If you are ready to get divorced without going to court, check out our website at austinkemp.co.uk or contact us today!

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