Alternatives to Family Court amidst rising costs

The Government HM Courts and Tribunals Service announced that fees for court applications in family cases are increasing by 10% across the board in line with inflation, effective from April 2024.

Whilst the new figures are yet to be confirmed, it is anticipated that the increased fees will be as follows:

• Divorce applications: The current cost for a divorce is £593. This is expected to be increased to £652.
• Children applications: This is likely to be raised from £232 to £255.
• Application for unconsented financial order: This is expected to be increased from £275 to £303.
• Application for consented financial order: It is anticipated that this will be raised from £53 to £58.

Any other application where the matter is already in court proceedings will be raised from £167 to £184.

We recommend that wherever possible, it is beneficial for matters to be agreed outside of court. There are a variety of alternative dispute resolution options available for family matters, as outlined below.

Negotiation through solicitors

One of the most popular methods of dispute resolution is negotiation through solicitors. Each party instructs a family solicitor to advocate on their behalf. Once a solicitor is instructed, they will guide and advise you throughout the entirety of your matter, offering support and assistance where required.

Each solicitor will then correspond and negotiate to reach a fair and reasonable outcome. It will often be the case that solicitors can anticipate how a judge is going to consider the assets of a relationship or child arrangements based on the individual circumstances of the case. This can avoid the additional expense of court proceedings and often assists with reaching a positive conclusion.

Mediation

Mediation uses a neutral third party to assist parties to reach an agreement, whether this be in relation to child arrangements or the division of assets in divorce. Mediation is a flexible and voluntary process, beneficial for parties requiring some direction and practical solutions with their discussions.

Any final agreement remains the decision of the parties. You will not receive any legal advice from a mediator, they are simply there to assist as a neutral party to the discussions. It is recommended that both parties seek independent advice before engaging in mediation. A mediator cannot impose a decision.

Arbitration

In arbitration, parties enter into a privately funded agreement where they appoint a suitably qualified person (an arbitrator) to assist to reach a conclusion. An arbitrator has almost identical powers to those of a judge and is instructed to make a decision that is legally binding on the parties.

Collaborative law

Under the collaborative law process, each party appoints their own collaboratively trained solicitor to have ‘round table’ type discussions aiming to reach an agreement. Both parties have their legal representatives present and can receive advice throughout the process to reach a conclusion.

It may be important to note that if this route is unsuccessful and the case does go to court, each party must instruct new solicitors. This is for the best interests of the parties to ensure that negotiations don’t break down and to keep costs at a minimum.

Should you wish to pursue this route, Partner and Head of Family & Matrimonial, Angela Davis, is a collaboratively trained solicitor with extensive experience of supporting individuals throughout the collaboration process.

Please note that this information is for general guidance only and should not substitute professional legal advice. If you have specific concerns, we recommend consulting one of our legal experts.