Although the majority of couples want to resolve their issues by agreement, the court system is available to resolve disputes if there is no other realistic alternative. For most however it will be a last resort.
Collaboratively trained lawyers will always look first at alternative solutions which avoid the cost and confrontation involved in using the court.
A court application can however be an effective way of achieving a solution in cases about money or children if:-
- there is an urgent problem which cannot be dealt with by negotiation; or
- one party refuses to produce information or is being dishonest; or
- discussions and negotiations have broken down completely.
Increasingly in the English system access to the court is subject to a requirement that other methods of dispute resolution, such as mediation, have been discussed and considered.
A CFL lawyer will advise you about whether your circumstances justify an immediate application to the court or whether your case needs a Court imposed solution; if there are urgent issues which can only be resolved by a swift court application then this is action which we can take on your behalf.
The Court system involves a number of different stages as set out below and can be quite lengthy.