As January typically sees a surge in divorce filings, LCF Law in Bradford is reporting a significant shift in how couples are approaching separation. According to Harjit Rait, Head of Family Law at the firm, more and more individuals are seeking alternatives to the courtroom to end their marriages without the stress and conflict of traditional legal battles.
“People are looking for ways to separate without the drama of a courtroom battle,” said Rait. “Non-Court Dispute Resolution (NCDR) is gaining traction as a way to handle financial matters and child arrangements in a more constructive manner. This approach reduces stress, preserves dignity, and makes the transition to separate lives smoother.”
NCDR includes a variety of methods that allow couples to resolve disputes without going to court. These options provide flexibility in terms of the process, timing, and location, as well as the ability to choose mediators or arbitrators.
Popular NCDR methods include:
- Mediation: A neutral third party facilitates discussions to help couples reach an agreement.
- Collaborative Law: Each party hires their own lawyer, and all involved parties work together to find a solution.
- Private Financial Dispute Resolution: An independent expert offers an evaluation of the case, helping couples decide on settlement terms without the need for court involvement.
- Arbitration: A binding decision is made by an independent expert, providing a court-like resolution without the formal process.
Rait emphasized the importance of seeking early legal advice to determine which method will work best for each couple’s situation. “These methods are generally faster, less expensive, and far less emotionally taxing than traditional court proceedings,” Rait added. “They also help preserve relationships, which is especially important for families with children.”
Changes to family court rules in April 2024 now require couples to explore NCDR options before proceeding with court action. Judges can pause proceedings if parties haven’t considered these alternatives, and penalties can be imposed for non-compliance.
“Choosing the right route early on makes the entire process more efficient, less stressful, and more affordable,” said Rait. “With NCDR, couples can often reach resolutions more quickly and avoid the prolonged emotional toll of a courtroom battle.”
