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.