How one couple reached a settlement without going to court

Before discussing anything in detail, they each had an initial meeting with their own solicitor. Neither meeting committed them to using their lawyer again, but it meant from the start that they both had a basic understanding of the process, the timescales, the options available to them, and a sense of how a court approaches financial settlements on divorce.

Their asset structures weren't complicated, and they wanted to try and reach an agreement as amicably as possible, so they both agreed to attend mediation. Having spoken with the mediator, they agreed that rather than completing the more detailed Form E that would be necessary through the court process, they would simply list everything in a shared asset schedule: the house, the mortgage, their savings, their incomes and their pensions. Most of this information was readily available, but David's pension scheme took some time to provide his pension valuation. Whilst they waited for this to be provided, David and Emma ascertained information as to how much they might be able to borrow by way of mortgage, and how much it might cost for them to buy their own properties. They also used this as an opportunity to speak again with their respective solicitors, to seek updated legal advice based on the financial disclosure they had exchanged.

By the time the pension valuation arrived, it was clear that David and Emma agreed that the house needed to be sold, but couldn't agree how much they should each receive from the sale proceeds. This was because there was a disparity in how much they each thought it was reasonable to spend buying a new property.

Rather than abandoning the progress they had made in mediation and starting again through a court application or solicitor negotiations, they agreed to use our Independent Case Review service. David and Emma each provided agreed documents for us to consider, and we then set out in writing the approach we thought a judge was likely to take - and why. This was not binding, but it helped break the deadlock that had arisen - by providing an impartial perspective. It led to both David and Emma more or less endorsing the indication we had provided, which then led to them reaching an agreement.

Their solicitors prepared the documents that needed to be sent to the court to make their agreement legally binding, a consent order and Form D81, which David and Emma both signed. These documents were then sent to the court for a judge's approval. Shortly after, David and Emma received confirmation that the judge had approved their agreement, meaning they could both plan for their futures with confidence. The process took less than six months from start to finish, and meant that neither of them had to go through the time, cost, or stress of court proceedings.

Emma and David used a combination of the various options available to reach a financial settlement. They began by seeking initial advice from their solicitors, attended mediation and went through a simplified version of financial disclosure, took updating advice from their solicitors, before relying on an independent third party to help steer them towards an agreement. It is common for agreements to be reached through a number of these methods as a means of avoiding the court process, as each one provides different benefits from the others.