Two recent divorce cases in the news emphasised an important message: strive to settle your divorce finances outside of court to avoid public exposure of personal details. In these cases, judges decided that family hearings should not be held in private; instead, they allowed public access and reporting on the proceedings. Most people prefer to keep their personal matters private, right?
Mr. Justice Holman expressed that he didn’t want family courts to be secretive places. If individuals choose to use the legal system to resolve their disputes, they should expect transparency and openness for anyone interested to observe.
From my perspective, as someone who regularly sees cases in court, I believe Justice Holman’s message is encouraging parties to resolve their disputes outside of court to maintain privacy. Nowadays, there are numerous options available for reaching a settlement—such as mediation, collaborative divorce, and arbitration—that are private and don’t depend on court schedules.
Moreover, by allowing proceedings to be public, there’s potential for increasing public awareness of the reasoning and rationale behind family court decisions. This could help counter sensationalised headlines and misinformation sometimes associated with high-profile cases.
Surely no-fault divorce will mean couples don’t go to court?
You might assume that with no-fault divorce coming soon, fewer cases would end up in family courts, so why are these judges making a statement now? The truth is, not much will change in these high-profile cases because the disputes typically revolve around finances or arrangements for children, not the divorce itself.
No-fault divorce will indeed remove conflict from the divorce process by eliminating the need to list reasons for the marriage breakdown. This is positive news, in my view, and should reduce conflict. However, it may not necessarily reduce financial disputes unless all parties adopt a different approach.
A divorce, whether fault-based or not, is simply the legal dissolution of a marriage. It doesn’t address financial arrangements or arrangements concerning children, which still need to be carefully negotiated with the guidance of experienced family law solicitors. If you end up in court over these matters, your personal relationship details could become public knowledge, subject to scrutiny by anyone interested.
Guidelines for avoiding conflict in divorce
Based on our experience, there are practical guidelines you can follow to reach an agreement with your partner, which may save you time, money, and heartache in the long run:
- Commit to a solution without going to court: Starting with the intention to avoid court can lead to a more constructive discussion. You, your ex, and your legal advisors should agree to work towards a resolution outside of court.
- Ensure full disclosure: Transparency about finances and other relevant matters is crucial from the start. This includes potential life changes that could impact negotiations, such as plans to relocate.
- Be realistic: Avoid seeking retribution or unrealistic outcomes. The law often starts with a presumption of a 50/50 split of assets. Consider factors like childcare arrangements or sacrifices made for the family’s benefit when negotiating.
- Be willing to compromise. Negotiation involves give and take. Prioritise what’s most important to you and be prepared to make concessions. Remember that going to court doesn’t guarantee a favourable outcome.
- Choose skilled divorce lawyers. Not every lawyer excels in negotiation. Find a lawyer experienced in family law and negotiation who aligns with your goals and communication style.
- Explore alternatives to court: Mediation or family law arbitration can help resolve disputes outside of court. These options offer more flexibility and privacy compared to court proceedings.
- Document the agreement: Once an agreement is reached, have your lawyers draft a legally binding document to record the terms. This ensures clarity and prevents disputes in the future.
Following these guidelines can facilitate a smoother divorce process and enable you to achieve a fair and lasting agreement.
Despite the recent decisions to have cases heard in public, I’m sceptical that it will significantly impact high-profile cases or dispel myths like the “quickie” divorce. Even with a no-fault divorce, the process will inevitably take time.
The key takeaway, especially as divorce is about to undergo its most significant change in a century, is to resolve disagreements without resorting to judges. This approach can lead to quicker, more cost-effective, and mutually beneficial outcomes for both parties.
