Divorce Without The Drama – Harrogate Law Firm Reports Increase In Demand For Resolution Outside Court
January is known for a surge in the number of people starting divorce proceedings, and Harrogate based LCF Law always receives a significant increase in enquiries during the month. However, the nature of how people choose to divorce is changing, according to Head of Family Law, Harjit Rait.
Partner and head of family law at LCF Law, Harjit Rait
Harjit said: “More separating couples want to avoid court these days which means being open to Non-Court Dispute Resolution (NCDR) as a constructive way to handle separation and divorce, which can reduce stress, preserve dignity and allow for a smoother transition towards leading separate lives.”
NCDR includes a range of methods that take place outside court to resolve financial matters and arrangements for any children following separation. These options provide control regarding the choice and location of NCDR, the timeframe for resolution of the case, the choice of mediator and the choice of “judge” to preside in the hearing or arbitration process.
Harjit explained: “Mediation uses a neutral mediator to guide couples in discussing issues and reaching agreements, and it’s an ideal option for couples willing to openly discuss and collaborate. Another NCDR method is a collaborative process where each person hires their own lawyer and all parties work together in meetings to reach an agreement, minimising confrontation.
“A third method involves private financial dispute resolution or early neutral evaluation, where an independent expert is appointed jointly by the parties to evaluate the case and provide an indication as to the court’s likely approach in respect of issues in dispute and terms of settlement.
“Finally, arbitration is another method, where an independent expert is appointed jointly by the parties to make a binding decision on any issues in dispute.”
Harjit added: “Sometimes the best way forward involves a combination of NCDR methods, but early legal advice from a family law solicitor helps sets the landscape for how the case will progress, providing timeframes and certainty over next steps.
“NCDR is often less emotionally taxing than court, and helps preserve relationships, especially where children are involved. Crucially, it helps lay the groundwork for effective co-parenting, fostering long-term harmony. Additionally, NCDR is generally faster and more cost-effective than court proceedings.”
As of April 2024, the definition of NCDR was expanded to include the options as detailed above and the family court rules changed to require parties to consider NCDR. Harjit explained: “Some people are adamant they want to go to court, but they need to understand that the judge is now able to pause the proceedings, and make the parties explore NCDR options, with refusal to attend potentially resulting in financial penalties.
“So, the best way to ensure a smooth, time and cost-effective process is to seek legal advice early on and select the right NCDR approach, which can make the separation less stressful, more affordable and more efficient for everyone involved. In most cases, couples will be required to resolve disputes outside court, so deciding on a preferred route early on can save time and reduce tension.”
Harjit Rait has more than 20 years’ experience in assisting couples to navigate separation and divorce. Call 01423 502211, email hrait@lcf.co.uk or visit lcf.co.uk for more information.
