Going to court is not always the easiest route to take if you are trying to resolve the myriad of issues a divorce will inevitably table. However, many people are simply not aware of the non-court options for divorcing couples.

They are, however, well worth exploring. Court can be unpredictable, stressful, hostile not to mention lengthy and expensive. Coupled to this there are several factors – not least an 11% rise in divorce applications between 2022 and 2023 – that have left the family court system in crisis. This has not only critically extended wait times for court dates, it has also left tens of thousands of children “in limbo” for a year or more as their parents try to resolve their care arrangements.

This is why many experts including the government are now working harder than ever to persuade divorcing couples to look at non-court options.

What are the non-court options for divorcing couples?

There are several non-court options for divorcing couples. The most common are:

• Marriage counselling

Often forgotten, marriage counselling can help to address and resolve issues before a couple reaches the point of divorce.

• Mediation

This is arguably the most common non-court option for divorcing couples. During the process an independent mediator helps the family negotiate arrangements from a totally neutral position.

• Arbitration

In an arbitration both parties agree to appoint an independent arbitrator (usually a barrister or senior lawyer) to settle their disputes. The arbitrator makes a final and binding decision regarding the different aspects of divorce, most usually these will be financial, property and/or child-related issues.

• Collaborative law

This is a voluntary, non-confrontational process that helps divorcing couples resolve issues without going to court by instructing lawyers trained in collaborative law. The collaborative lawyers discuss the case before producing a legal document that sets out how the various issues will be resolved that both parties then sign to make it binding.

• Resolution Together

This is a service offered by Resolution, a leading family law association, that offers separating couples joint legal advice.

The final non-court option for divorcing couples is a Private Financial Dispute Resolution (FDR). This is an area many of Westgate Chambers’ family barristers specialise in.

What is a Private Financial Dispute Resolution Hearing?

A Private Financial Dispute Resolution Hearing or PFDR is a voluntary appointment designed to help you reach a specific resolution in a setting that is more conducive to discussion than the all too often adversarial nature of a courtroom.

During the process the parties attend the PFDR with or without their own legal representatives. The session is presided over by the PFDR judge – the role our barristers take during a Private Financial Dispute Resolution Hearing – who impartially assesses all the relevant facts and applies them to the law.

After the hearing the Judge will give an opinion based upon the facts the parties have presented. If the parties agree with the judge, their recommendations will be submitted to the court as a draft consent order for their approval.

There are three major reasons for choosing a PFDR over a traditional court based Finance Dispute Resolution:

• The parties can split the cost of the FDR between them, generally this is done on a 50/50 basis.

• The PFDR will be the only case the PFDR judge will hear that day having received the papers in advance so they can prepare; this ensures they are focused solely on your case.

• Typically, a PFDR only takes a day and the date it takes place is based on the availability of the parties. This will almost always be significantly sooner than the court would be able to offer.

To find out more about Private Financial Dispute Hearings and the other Non-Court Dispute Resolution (NCDR) our hugely experienced Family Law team offers, please click here. To enquire about setting up a PFDR for yourself or a client, please contact our family clerks.