Yes, you can settle your case outside of court. In fact, before issuing a court application it is a pre-requisite to detail the steps taken to engage in non-court dispute resolution. A failure to do so without good reason can lead to potential costs orders being made against you.
Settling your case outside of court can take many forms, including (but not limited to):
Direct discussions – communicating directly with your ex-spouse or partner to reach an agreement between yourselves.
Mediation – communicating with the help of a mediator – a neutral third party, who helps facilitate sessions between you both to negotiate. It is all confidential and can sometimes involve lawyer participation in a ‘hybrid’ style.
Solicitor led negotiation – this typically involves both parties instructing a solicitor, voluntarily exchanging financial disclosure, and negotiating an agreement thereafter. Sometimes it may conclude with a private FDR, as set out below.
Early neutral evaluation (commonly Private FDRs) – this is a private alternative to a court based hearing. FDR stands for financial dispute resolution. It is all confidential and takes place before an agreed judge who will give their view of how they would settle the case. Usually negotiations take place thereafter, over the course of one day, often involving solicitors and counsel on both sides.
Arbitration – this is another private alternative to court. It is also confidential. Once an agreement is made by parties to arbitrate, this agreement is binding upon them. An independent arbitrator is then appointed by the parties, to deliver an arbitral award on the disputed issues.
If you have managed to settle your matrimonial finances outside of court, it is very important to make sure you have the agreement drawn up into a consent order and submitted at court for approval to become legally binding.
