Divorce.co.uk

The UK's premier resource on divorce & separation

 

Approaches

Court proceedings

Sometimes there is no alternative but to go to court.

If it is not possible to agree things – usually about the home or about finance – it will be necessary to ask a judge to make a decision for you.

Court proceedings are time-consuming and expensive. They should be a last resort. See the sections on divorce and finances for the court procedures.

Many solicitors start court proceedings while trying to negotiate a settlement at the same time. This can sometimes save time and help to avoid delay. Your solicitor will discuss this you first: it is your choice.

Financial proceedings in court can take anything from six months to eighteen months. Complex cases can take longer.

Court proceedings are necessary if:
  • your spouse is not giving all the financial information you need;
  • there is no hope of negotiating a settlement that is fair; or
  • there are complex issues that you need a court to help you with.
If there is domestic violence, or the threat of it, court proceedings will probably be necessary immediately.
If there is an international element – if divorce proceedings might be started in another country – divorce proceedings may be necessary immediately in England and Wales.

Further help

See the sections on divorce and finances for the court procedures.