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Is there an alternative to the family court?

View profile for Muntech Kaur
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With the increase of litigants in persons, the overburdened family courts, delays caused by court closures, and the increasing view of the public and profession that the family court is not fit for purpose, is there an alternative to the family court?

According to respondents to a matrimonial survey conducted in 2017 by Grant Thornton who are an independent advisory, tax and audit firm, the following were top four responses to the  question of “Which form of ADR (alternative dispute resolution) would you like to see becoming more prominent?”

  1. Private FDRs
  2. Arbitration
  3. Mediation
  4. Collaborative Law

Whilst some of the alternative avenues of reaching a resolution or determination are more familiar than others, I have yet to see any firm evidence to suggest that there is a tidal wave change in the way in which individuals prefer to make a financial claim and/or seek a determination in respect of a dispute concerning children, without a recourse to the family court. 

It goes without saying that some of the important factors when considering whether to engage an alternative approach to court litigation are time and expense. We live in an era when we expect fast results at a competitive price, and the simple glory of a court judgment in one’s favour is of less significance, particularly when it has taken years to achieve and has been costly. 

If you think that there is a possibility that your matter could be resolved without making a court application, why not contact one of our specialist divorce and separation lawyers to discuss the options available to you. All our family lawyers are members of Resolution, an organisation committed to helping you resolve matters in a constructive and cost effective manner. For a no obligation 15 minute free telephone consultation, please do not hesitate to contact Muntech Kaur on 01268 824938 or alternatively email me on Muntech.kaur@birkettlong.co.uk.

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