During a divorce why are court proceedings used by some people?

During your divorce there are a number of situations where going to court will be necessary. It should only be used as a last resort as court can be an expensive and drawn-out process.

If you cannot reach an agreement with your spouse about your divorce settlement and all negotiations have not proved to be fruitful, then you can ask your solicitor to take your case to court. Sometimes your solicitor may suggest you actually begin court proceedings during negotiations as this could help to make sure that the process isn’t delayed. A good solicitor will always discuss this with you beforehand – it’s your decision. You could also need to go to court for a number of other reasons such as your spouse refusing to disclose financial information or if there is domestic violence involved.

Family arbitration – where you pay someone to decide your divorce settlement for you – is sometimes a good alternative to going to court and can be an attractive option for anyone who wants to keep their settlement totally confidential.

Austin Kemp specialise in advising high net worth individuals with international assets and investments. If divorce proceedings have commenced in another country then it could be necessary to begin court proceedings in England or Wales.

For more information on this subject please visit our Legal Library.

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