In general

In general we strongly recommend avoiding Court proceedings if you can. It can be a very brutal, very slow, very time consuming, and very expensive process, that is likely to make relations worse between the parties involved. It can be a very stressful, damaging process for the parties involved, and sometimes for the children, if children are involved. This is true even if you have a solicitor supporting you. If you are ‘acting in person’ (don’t have a lawyer) the cost will be less, but the time needed and the degree of stress will be far greater.

Cases can go on for years, and almost always involve multiple Court hearings, and the parties can lose any control over events and can find costs building up, that they cannot control or afford.

The common belief that you turn up to court one day, put forward your argument, which will be accepted, and then you walk away with the ruling / judgment / Court Order, that you want, is almost never the case.

There are numerous altenatives to Court proceedings (known collectively as  Alternative Dispute Resolution) that we recommend considering before embarking on court proceedings, such as:

Mediation (in which a specialist Mediator works with you to reach an agreement). This may or may not reach a conclusion, and so further steps may be required.

Arbitration (in which a specially trained Barrister plays the role of a Judge, but without the formality of a Court room). This will result in a conclusion because the Arbitrator can make decisions in the absence of agreement.

A hybrid approach – Mediation to reach an agreement as far a possible and then Arbitration to decide the unresolved issues.

Even if you do not pursue a Court approach, if you have the option, we recommend working with a suitable Solicitor rather than representing yourself. If you are unable to access a Solicitor then we may be able to help.