Out of court divorce & family court solicitors
With years of experience in family law, we prioritise calm, practical resolutions, helping most of our clients reach agreement without the stress and cost of going to court.
Expert in helping families resolve disputes constructively, efficiently and without unnecessary litigation
We believe the best outcomes in family law are often achieved outside of court. Whether you’re going through a divorce, sorting out child arrangements, or resolving financial matters, we focus on constructive, out-of-court solutions that reduce conflict, save time and expenses, and help protect long-term family relationships, especially where children are involved.
While we actively encourage approaches like negotiation and mediation, however in some situations this isn’t suitable, and we are therefore fully prepared to act decisively in court if needed. Our team will always prioritise your best interests and guide you with clarity and confidence, whatever the path may be.
- Our flexible approach allows you to choose the level of support you need, with clear pricing and no unnecessary work.
- Trusted family law experts who advise families with practical solutions that prioritise children’s wellbeing.
- With the support of our in-house mediator, we help clients find constructive solutions wherever possible, reducing conflict, minimising costs and avoiding the stress of court proceedings.
- Backed by a leading full-service law firm, with access to other specialist legal advice whenever you need it.
Alternative ways to stay out of court
There are several effective ways to resolve family matters without going through the court system. These include:
Mediation
In mediation, a neutral, trained mediator helps both parties communicate and work through issues such as child arrangements or financial matters. The mediator doesn’t take sides, but guides the conversation to help you reach a mutually acceptable agreement. Paul Linsell, Partner in our Family law team, is an accredited mediator.
Negotiation
Often, matters can be resolved through solicitor-led negotiation. This involves written or verbal discussions to reach an agreement, without the need to involve a court.
One-lawyer divorce service
A cost-effective option for amicable couples to navigate divorce together using joint legal guidance from a single lawyer.
Early neutral evaluation
A concise, assessment that gives both parties a realistic view of likely outcomes, helping guide fair settlements without going to court.
Arbitration
In arbitration, you and your ex-partner agree to appoint a qualified arbitrator to make a binding decision on your case, similar to a judge, but in a private, more flexible setting and often much faster than the court process.
Collaborative law
Each party appoints their own specially trained collaborative lawyer, and all discussions take place in face-to-face meetings. Everyone commits to resolving matters without going to court, working together in an open and respectful way.
Staying out of court FAQs
Will out-of-court agreements be legally binding?
Yes, out-of-court agreements can become legally binding, usually formalised by a court to be enforceable. For example, if you reach a financial settlement through mediation or negotiation, a solicitor can draft a consent order, which is then submitted to the court for approval. Once approved, it has the same legal weight as a court order made after a hearing.
Agreements about children can also be formalised, although the court’s main consideration will always be the best interests of the child. In many cases, having a written parenting plan or agreement in place, while not automatically binding, can still help avoid future conflict.
What happens if we start mediation or negotiation but then disagree?
It is completely normal to have disagreements during mediation or negotiation, these processes are designed to help you work through them constructively. A skilled mediator or solicitor will guide the conversation, keep things focused, and help you explore possible compromises.
If you are unable to reach a full agreement, that does not mean the process has failed. You may have still resolved some issues and narrowed down the areas of dispute, which can make any next steps such as arbitration or court more focused and less costly.
How do I know which out-of-court process is best for my situation?
Choosing the right out-of-court process depends on a few key factors such as the nature of the issues involved, the level of communication between you and your ex-partner, and how much support or guidance you feel you need.
Our experienced family law team is on hand to assess your circumstances and guide you towards the most suitable approach. We’ll explain your options clearly and help you choose a path that protects your interests while avoiding unnecessary conflict.
Do I still need legal advice if we’re trying to avoid court?
Yes, even if you are aiming to stay out of court, getting legal advice is still beneficial. Out-of-court processes like mediation, negotiation, or collaborative law work best when you fully understand your rights, responsibilities, and the long-term implications of any agreement and can save future disputes.
Are there any risks of not going to court?
Avoiding court can offer many benefits such as less stress, lower costs, and more control over the outcome, but it’s important to understand the potential risks too. The main concern is that informal agreements made without legal advice or court approval may not be legally binding or enforceable.
That’s why we always recommend seeking legal advice alongside any out-of-court process. Our family law team will ensure your agreement is fair, clear, and properly formalised.
What are the cost differences between the different staying out of court options?
Generally, out-of-court options are significantly more cost-effective than going to court, but the exact cost will depend on the approach you choose and the complexity of your situation.
- Mediation is usually the most affordable option, especially if both parties are cooperative and reach agreement quickly.
- Collaborative law and solicitor-led negotiation may cost more than mediation but are still usually cheaper than full court proceedings, particularly where legal advice is needed throughout.
- Early Neutral Evaluation involves a one-off cost for a legal expert’s input, which can help avoid prolonged disputes and reduce overall costs.
- Court proceedings tend to be the most expensive route, due to legal fees, longer timelines, and the possibility of multiple hearings.
For a clearer idea of costs tailored to your situation, get in touch with our family law experts, as they can explain what to expect and how fees are structured and paid.
Does staying out of court take less time to reach an agreement than court?
Yes, staying out of court almost always leads to a quicker resolution.
Court proceedings can take many months (or even longer), particularly when court schedules are busy or there are multiple hearings involved. In contrast, out-of-court options are usually more flexible and can progress at a pace that suits you. Many families reach an agreement within weeks or a few months, especially when both parties are open to dialogue.
Contact us
If you would like advice about a personal or family matter, please complete the form and one of our specialists will be in touch as soon as possible.
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Why use our family law solicitors?
Proactive advice, constructive family law solutions
We take a proactive approach to family law, helping clients put measures in place to protect their future, such as cohabitation agreements and nuptial agreements. Where disputes do arise, we focus on resolving matters constructively through negotiation, mediation and alternative dispute resolution wherever possible.
Trusted, specialist advice you can rely on
We provide expert family law advice backed by professional regulation and years of experience, ensuring agreements and legal documents are carefully prepared to provide you with confidence and clarity for the future.
We are a leading full-service law firm
Boyes Turner is recognised as a leading law firm by Chambers UK and The Legal 500. As a full-service firm, we can draw on the expertise of specialist teams across private client, claims, Wills, Trusts and property to provide seamless support whenever you need it. We also work closely with other professional services that may be beneficial to you, such as counselling, financial advice and coaching, to ensure you have the full support you require.
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