In this section

Using the courts

  1. What can a court do?
  2. Alternatives to court

What can a court do?

The court has powers to make orders about a couple’s money in divorce or dissolution of civil partnership cases, so it’s often a good idea to get legal advice from a solicitor.

The court can make orders for:

  • regular payments for or from your ex-partner. These can be for a fixed period, or until one of you dies, or until the ex-partner receiving the payments remarries
  • regular payments of child maintenance by consent to the parent who the child normally lives with
  • a lump sum for or from your ex-partner (and for your child if necessary)
  • the sale of a property or land
  • the transfer of property or assets to one partner
  • assets to be frozen (so they can’t be sold) or, if they have already been sold, the sale to be reversed
  • you or your ex-partner getting a share of the other’s pension fund. This could involve having a share of the fund now so that you get a pension fund of your own or getting a payment from it.

Alternatives to court

Can I avoid going to court?

Not entirely. You will need to use the courts if you want to get a divorce or dissolution of a civil partnership. But even if you do this, you don’t always need to attend a court hearing. If you both agree to the divorce or dissolution there’s no need for either of you to attend court. The case can all be dealt with on paper.

Using mediation to reach an agreement

You could use a solicitor to help you agree on what will happen to your child. But if you can’t reach an agreement you may have to go to court and a judge will decide for you.

A much less stressful way is mediation, where you and the other parent get together with one or more trained mediators and see if you can reach an agreement. You’ll normally have to pay for mediation but it may be cheaper than each of you paying solicitors and going through a court hearing.

Another advantage is that the process of mediation may help you and your partner work together better. This could be important for when you make arrangements for your child.

The Family Mediation Helpline can tell you more about how mediation works and how to find a mediator in your area. Visit www.familymediationhelpline.co.uk or call 0845 60 26 627.