Since 2007, we have been at the forefront of making divorce less painful and more costeffective. Now, a significant shift in the legal landscape is aligning with our long-standing mission.
New Family Procedure Rules: A Game Changer
The introduction of new Family Procedure Rules in 2024 marks a turning point in divorce proceedings. These rules strongly promote Non-Court Dispute Resolution (NCDR) methods, including:
- Mediation
- Collaborative law
- Arbitration
- Neutral evaluation
Key Changes and Their Impact
- Mandatory NCDR Consideration: Courts can now require parties to report their views on using NCDR methods.
- Flexible Proceedings: Judges can adjourn cases to allow for NCDR processes.
- Financial Incentives: Courts can penalise parties who refuse to engage in NCDR, by making them responsible for the other party’s legal fees.
The Benefits of NCDR NCDR is intended to:
- Reduce emotional stress
- Lower costs
- Provide faster resolutions and
- Provide better outcomes for all concerned
In summary, the Courts can now direct that the parties set out their views on using NCDR, and Judges can adjourn proceedings to allow NCDR to take place.
Also, contrary to the usual position (where parties are responsible for their own legal fees), as a further incentive to engage in NCDR, the Courts can penalise parties who refuse to or prevaricate in trying to resolve matters by NCDR, by making them responsible for the other party’s legal fees.
These measures, which we welcome and which are now beginning to permeate the divorce world, are partly an acknowledgement that for far too long the adversarial nature of divorce has been extremely expensive and damaging to the parties and their children.
It is also a response to funding cuts which have resulted in the courts being overwhelmed by the number of cases they are required to deal with. NCDR will hopefully result in more cases being settled without ending up in court.
Our Approach: Comprehensive Divorce Consultation
At our consultancy, we believe in exploring all options before proceeding with divorce:
- Marriage Preservation: We encourage couples to consider counselling if there’s a desire to save the marriage.
- Options: If divorce is inevitable, we guide clients through the various NCDR and other processes that are available to identify the best route for them.
- Legal Navigation: Our team of experienced lawyers act as consultants, helping clients avoid costly mistakes and find amicable solutions.
Take the First Step Towards a Smoother Divorce
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.