How we can help

Whether you are going through a divorce, agree child arrangements or sorting your finances, our team of lawyers can help you choose the best process for you.

Mediation 1

Going to court can be highly stressful, and we understand this. We're known nationally and internationally for our genuine commitment to dispute resolution options that can keep your family matters out of court.

Resolving your family law matters without going to court

Not all divorces need to go to court. There could be a viable option for couples who want a more amicable approach to agreeing the terms of their divorce. Disagreements about finances, property, pensions and children can be emotionally fraught and highly stressful. Sometimes it's necessary for a judge to make a decision. More often than not though there's a more constructive, cost-effective alternative.

Talk to us

Dispute resolution

Out of court options have traditionally been known as Alternative Dispute Resolution (ADR) but they're now more mainstream so we increasingly use Non-Court Dispute Resolution (NCDR) or simply Dispute Resolution (DR). The main DR options are: 

Family mediation: Mediation keeps decisions about children and finances in your hands. The mediator is impartial, acting as a referee and managing the process. Mediators can give legal information but not advice. 

Collaboration: Collaborative discussions take place in a series of meetings. You're both supported throughout by your own independent collaborative lawyer with everyone working together to help you reach an agreement.

Arbitration: Family arbitration is effectively private judging. Unlike with mediation or collaborative options, the decision about any dispute is made for you, but the process is a lot more flexible and quicker than going to court. The arbitrator's decision is binding.

Negotiation: If there is anything that you and your partner cannot agree about negotiation will be involved, whether you're mediating, in collaborative meetings, at court or in arbitration. 

Private FDRs and Early Neutral Evaluation:  A private FDR helps divorcing couples resolve financial disputes privately, quickly, and cost-effectively with a neutral judge’s guidance.

Litigation: When you can't resolve your dispute out of court, you might have to apply to the Family Court to get help from a judge to come to an agreeement. 

Separating using one lawyer

Get the same legal advice from one lawyer, together. With our Separate well together with one lawyer service, you and your ex can get the same legal advice together, reach an agreement about all of the legal issues arising from your separation and have that agreement recorded in legal documents by your lawyer and approved by the court where necessary.

Find out more about separating using one lawyer

Out-of-court settlements

We will listen to and work with you to find the best way forward. We recognise that there’s nearly always a wider picture, particularly if you have children and know from experience that it's parental conflict rather than the divorce itself that can be most damaging for children. A court battle nearly always increases that conflict and makes it much more difficult for parents to maintain the best relationship they can with their children during the divorce and in the years to come.

That’s why we place such importance on avoiding court, whether we're advising you on issues specifically relating to the children or dealing with the financial consequences of your separation. And it's why so many of our family law experts have trained as mediators, collaborative practitioners and arbitrators. No other major family and children team can match this commitment. 

We stand out from the crowd when it comes to helping you choose the approach that is best for you and your family. Sometimes that will need to be court, but we'll do everything we can to reduce hostility during your divorce, encourage communication and get the right outcome for you. 

Ready to talk to us?

Our team of specialist family lawyers are here to support you if you're facing issues related to dispute resolution. Speak to our team today. 

Enquire now

Our family lawyers

What others say about us

“An impressive team with a number of excellent mediators in London and elsewhere, like Oxford and Cambridge. Equally good at finance and children work and all the partners are bright, clear and good to deal with. They have strong mediators too and are always in my top three of recommended mediators.”

Legal 500

“Alison Bull is one of my go-to lawyers whether for collaborative, arbitration, mediation or as a lawyer to partner in a case. She has top scores on the key attributes: hard work and a focus on the client above all, technical ability and judgement, connection to the client and to allied services, and use of knowledge of settlement skills.”

Legal 500

“Suzanne Kingston is hugely experienced in mediation and arbitration. A good choice for a high-net-worth mediation, particularly using the hybrid model.”

Legal 500

“Joanna Grandfield is calm, assured, knowledgeable and very skilled. She is my go-to mediator.”

Legal 500

“Tim Whitney is a very experienced practitioner and his day to day practice as a family lawyer makes him a strong mediator as he has a clear understanding of the law and the approach of the courts. ”

Legal 500

Resources

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

Listen to our podcast

Family and children blog

Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

Read our blog

Family law vlogger YouTube

On our YouTube channel, Caitlin Jenkins, the Family Law Vlogger gives you guidance on your first step in sorting out your issues.

Subscribe

Dispute resolution FAQs

There are a variety of methods to identify hidden assets held by a party. Sometimes these can be as simple as reviewing bank statements that have been provided as part of the disclosure process and noticing transfers to or from an account that has not yet been disclosed. Other times our client will have a working knowledge of the relationship’s finances and know that certain assets haven’t been disclosed.

In some circumstances, it may be necessary to seek the assistance of an expert such as a forensic accountant to review documentation to understand whether there is something hidden. There are also applications to court, such as for a disclosure order, that you can make to obtain further information about hidden assets. Our lawyers will be able to talk to you about concerns you may have and the most proportionate response to dealing with them within your case.

The courts can employ a range of powers when dealing with hidden assets. These include:

  • Disclosure order - the court can make a disclosure order to a third party, such as a bank, in order to obtain information about an asset that the party themselves are not disclosing.
  • Add back - if a party has hidden an asset, the court can make the decision as if that asset were disclosed.
  • Adverse inferences - the court can draw adverse inferences where a party does not provide full and frank disclosure which could lead to a higher settlement to their partner.
  • Contempt of court - within court proceedings, parties will sign a statement of truth declaring that they have provided full and frank disclosure. If it turns out that they have not, contempt of court proceedings could be brought against them.
  • Set aside - if it is found that a settlement has been reached but that full and frank disclosure was not given, then the order could be set aside completely if the court would have made a different order but for the lack of disclosure.
  • Costs order - where a party continually fails to disclose, then the court may consider this litigation misconduct and make a costs order against them in favour of the other party.
  • Adjournment - if the court considers that it would be unfair to finalise the claim at this stage due to one party being dishonest about their assets, then they could adjourn the case.
  • Lack of privacy - if a party wilfully gives false information to the court, the court may suspend the implied duty of confidentiality in relation to that conduct.

You should speak to your lawyer if you believe your ex-partner is hiding assets within settlement negotiations or court proceedings. They will be able to advise you on how best to deal with it. You should not undertake investigations yourself or look through your ex-partner’s personal items for evidence. This is called ‘self-help’ and is looked on poorly by the family courts and in some circumstances, it is a crime.

Once a final financial settlement has been reached, whether directly between you and your partner or through the courts, that would usually be the end of the matter. It will likely contain a clean break clause, preventing you from making any further claims against your partner’s assets.

However, if your partner did not disclose all of their assets when that settlement was reached, you may have grounds to re-open and re-negotiate the settlement. You would need to make an application to set aside the order. You would need to prove to the court that your partner did not give full and frank disclosure and that if they had, a different financial settlement would have been reached. If your application is successful, you could claim the costs associated with your application against your partner so they would need to pay your legal fees. There is also a risk that your partner could be held in contempt of court, which is punishable by committal. 

No, this is legally privileged material. Legal privilege refers to the protection afforded to communications between a lawyer and their client, including any legal advice that may be given. This means that material between you and your lawyer doesn't need to be disclosed in court.

Contact our team today

Please fill in the form with your details and a member of our team will be in touch soon.

Speech Bubble
We need a partner/spouse name so we can run internal conflict checks