The Family Procedure Rules, the detailed red book of rules governing conduct in the family court, actively encourages parties to engage in non-court dispute resolution.

There is a handy section of those rules, called the pre-application protocol, that outlines all the steps you are required to take before applying to the court. Failure to adhere to these rules can result in costs being awarded against you.

So what does non-court dispute resolution mean? What does it entail?

Good news: there are several methods of resolving your finances with your spouse without resorting to court.

  • Quicker
  • Cheaper
  • Confidential

They do, however, require you and your spouse to agree and co-operate in some form.

We always suggest instructing solicitors no matter which method you choose. It is important to obtain detailed advice on your assets, on your partner’s assets and the best method of NCDR.

If you want to have a glance at the process of each prior to contacting us to discuss, click on the relevant methods below.

Discuss settlement in person (at without prejudice meetings) or in written correspondence to reach settlement.

  1. Exchange full and frank financial information (the family procedure rules recommends completing a court form, known as “Form E”).
  2. Review spouse’s disclosure and raise any questions or request clarification (if necessary).
  3. Outline an offer of settlement in writing dealing with all financial matters.
  4. Negotiate and reach agreement (taking into account requirement of fairness).
  5. Draft consent order.
  6. Apply to the court to formalise agreement.

Attend meeting(s) with unbiased, third party who will facilitate discussion between you and your spouse to encourage settlement.

  1. Agree mediator and discuss how to meet the costs of the instruction.
  2. Contact appropriate mediator to arrange session(s).
  3. Exchange full and frank financial information (the family procedure rules recommends completing a court form, known as “Form E” but the mediator may have preferred forms).
  4. Attend mediation with unbiased, third party who will facilitate open discussion and encourage settlement.
  5. Review memorandum of understanding (drafted by mediator if agreement is reached).
  6. Draft consent order.
  7. Apply to the court to formalise agreement.

Work together whilst represented by collaboratively trained solicitors to attend several meetings to discuss and reach settlement.

  1. Instruct collaboratively trained solicitors (your husband/wife must also instruct collaborate solicitors).
  2. Sign collaboration agreement confirming you and your husband/wife will commit to resolve issues without requirement for the court.
  3. Exchange full and frank financial information (the family procedure rules recommends completing a court form, known as “Form E”).
  4. Attend meetings with solicitors, spouse and/or other relevant third party (such as experts) in an effort to negotiate and reach settlement.
  5. Draft consent order.
  6. Apply to the court to formalise agreement.

Jointly instruct a specially trained third party to determine a binding outcome for financial remedy.

  1. Agree the arbitrator, date, time, location, directions and how the costs of the same will be divided between you both.
  2. Exchange full and frank financial information (Form E).
  3. Review spouse’s disclosure and raise any questions or request clarification.
  4. Complete relevant steps required (valuation of property, business, trusts, etc.).
  5. Attend arbitration (arbitrator considers evidence and law to determine outcome).
  6. Comply with the arbitral award.
  7. Apply to the court to formalise into court order, if required.

Jointly instruct a specially trained third party to provide an opinion as to the outcome of a financial remedy should it proceed to court.

  1. Agree the evaluator to determine the likely court outcome.
  2. Instruct evaluator.
  3. Exchange financial information (Form E or evaluator’s preferred forms).
  4. Complete steps (drafting summaries, valuation, etc.).
  5. Attend session to make submissions.
  6. Consider evaluator opinion.
  7. Negotiate and reach agreement.
  8. Draft consent order.
  9. Apply to the court to formalise agreement.

Jointly instruct one lawyer who will represent you both, facilitate discussion and encourage settlement.

  1. Jointly instruct one lawyer.
  2. Sign agreement to resolve issues without court.
  3. Exchange financial information (Form E).
  4. Collate additional financial information.
  5. Attend meetings with solicitor and spouse (and any experts).
  6. Draft consent order.
  7. Apply to court to formalise agreement.

Jointly instruct a judge to hold a private financial dispute resolution hearing to determine the likely outcome the court would make at a final hearing.

  1. Agree the judge, date, time, and cost-sharing.
  2. Exchange full and frank financial information (Form E).
  3. Review spouse’s disclosure and raise questions.
  4. Complete valuation and preparation steps.
  5. Attend the private FDR hearing.
  6. Negotiate and reach agreement.
  7. Draft consent order.
  8. Apply to the court to formalise agreement.