Do All Divorce Cases Go To Court?


Divorce is a legal process… But handled right there should be no need at all to find yourself anywhere near a courtroom.

A very common fear that couples have is that divorce = court. The good news is it absolutely doesn’t have to be that way and usually isn’t.

Distinguish between the divorce itself, which is nearly always simple and uncontroversial and the discussions about your children or finances which can be more difficult.

But even those don’t mean you have to go to court. You are free to agree to whatever arrangements you like about your children, without a court overseeing or approving them. And even if you can’t agree, there are lots of other options to be tried before you get anywhere near a courtroom. A judge really is the last resort.

Finances are slightly different only in that if you want your agreement to be fully binding you will need to submit the relevant paperwork to the court. But even that is just paperwork. Again, you would only ever ‘go to court’ as an absolute last resort.

There is so much uncertainty about what the law requires of you when you divorce – the short answer is that it wants you to stay well from a courtroom unless there really is no other option.

And the good news is there are lots of other options.


If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.uk.


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