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Around one fifth of divorces are wrongly going to court – why?

The head of family courts in England and Wales, Sir Andrew McFarlane has estimated that one-fifth of divorce cases are ending up in court unnecessarily due to one partner suing the other or being unable to reach an agreement.

Of course, cases involving domestic abuse and safeguarding of children usually require court hearings but some divorce cases end up there due to a relationship issue and not always a legal issue.

The latest figures from the Office for National Statistics (ONS) have revealed that there were more than 103,000 divorce cases in 2020 in England and Wales.

But what can you do to avoid ending up in court for your divorce and why is it important to consider this if your case does not involve safety concerns?

The main issue with unnecessarily taking your divorce to court is the emotional impact it may have on your children as it becomes a lengthier process and is ‘unhealthy’ for any child involved, according to Sir Andrew.

In fact, family courts are trialling child impact assessments for divorce cases to provide data for parents to understand what impact this might have emotionally.

Additionally, going to court should not be seen as the first option when you decide to divorce, it will always be a quicker and potentially less stressful process if you can resolve any disputes with mediation and outside of court with your solicitor. Taking your divorce to court should be seen as a last resort.

By recognising what you want to prioritise during the process and attempting to resolve it without taking your case to court, you can hopefully lessen any long-term impact that may be caused to your or any other family members in the process.

For advice on getting divorced without going to court, contact us today.