There are exceptions, such as emergency applications under the Family Law Act, but you will usually be asked to attend a meeting about mediation before you apply to a family law court. This is called a mediation information and assessment meeting (MIAM) and is compulsory in most cases, with notable exceptions, such as domestic abuse.

This initial meeting is with a specially qualified family mediator who will help you to consider whether your issues can be resolved without going before a judge or magistrate. Belderbos Solicitors offers family mediation services for couples, including the MIAM and subsequent mediation meetings, if you want to explore further an out-of-court agreement.

Director James Belderbos is a trained mediator and collaborative lawyer. James’s training was provided by Resolution and is approved by the Family Mediation Standards Board. James is registered as a mediator in Rutland with the Family Mediation Council (FMC) and he offers in-person mediation and online mediation services in Oakham and throughout Rutland and Leicestershire.

Please also remember that even if court proceedings are in place, you can still leave those proceedings and engage in mediation or any other non-court dispute resolution “NCDR” process. Since April 2024 courts now require parties to explain ahead of financial remedy hearing the steps they have taken to try NCDR.

Important points to remember about court

• Before applying to court, explore alternative dispute resolution methods, such as mediation, arbitration and collaborative family law, which can be faster and less stressful
• Your wait for an outcome for your application to court may be a long one. With a backlog in the courts, a wait of 12 months for a decision to be made is common. Consider how swiftly you want a decision when seeking a court order
• You can find the relevant application forms and guidance on this UK government website, but we recommend you seek legal advice and support to complete and submit them. Work with our team of child and family law solicitors to make sure you provide all the necessary information
• If you are applying for a child arrangements order, your child’s welfare will be the court’s priority. Your wishes on sensitive issues such as time spent with your child will be taken into account, but ultimately the judge or magistrate will put the child first and this may not be the outcome you desire
• Belderbos Solicitors offers a no-fee initial meeting to help you think clearly and decide on the right options for you. We do this to ensure people do not see cost as a barrier to getting good legal advice at the beginning of divorce or separation proceedings

The procedure varies from case to case and differs significantly in children applications. In financial remedy applications the represents a summary of what it could look like. Your case will rarely be settled at the first hearing and in financial remedy proceedings whilst some case settle at the First Directions Appointment some go on to Financial Dispute Resolution Hearings and some to a Final Hearing.

Ok, so you’ve considered all the options and you are now set to embark on family court proceedings. Family court hearings can vary depending on the specific case, but here's a general breakdown of the process:

Before the hearing

• Preparation - you will be guided through the process, gathering evidence and preparing your arguments
• Disclosure - both parties must disclose their financial information openly and honestly. This ensures a fair outcome
• Mediation attempt - as mentioned, in most cases, mediation is attempted before going to court. This allows couples to negotiate a settlement with the help of a neutral mediator
  

The hearing day

1. Opening statements - lawyers for each party will present their case to the judge
2. Evidence presentation - witnesses may be called to give evidence, and documents or other relevant materials might be presented. This can include social worker reports if social services are involved
3. Questioning - lawyers will have the opportunity to question each other's witnesses and challenge the evidence presented
4. Closing arguments - lawyers summarise their key points and arguments for the judge's consideration
5. Judge's decision - the judge will consider all the evidence and arguments before reaching a decision. In some cases, the judge may reserve judgement and deliver it at a later date
   

Possible outcomes

• Settlement - sometimes, agreements can still be reached during the hearing with the judge's approval
• Judge's order -  the judge may issue a court order outlining, financial settlements or other matters at hand

• Adjournment - the hearing might be adjourned if more evidence is needed or further discussions are necessary
  

Court proceedings can feel daunting but we will give you peace of mind and ensure that you are represented robustly in court. Belderbos Solicitors are highly experienced lawyers with many years’ experience of making arguments successfully in a court room. Talk to us today about family court proceedings. We will, of course, go through the process in full with you.

On this page, we have spoken about court proceedings, but we encourage you to explore out-of-court solutions for your divorce, separation or child arrangements.

Together with around 6,500 other family lawyers and professionals, we are members of an organisation called Resolution. Resolution members are committed to resolving family disputes in a constructive way and we follow a Code of Practice that promotes a non-confrontational approach to family problems. Resolution encourages solutions that consider the needs of the whole family and are particularly focused on the best interests of the children involved.

Today, more than four out of five divorce cases will not end up in court. Indeed, the family law courts actively encourage people to resolve issues in a non-adversarial way. The many benefits of doing so include:

• reduces time and cost
• avoids the stress of going to court
• helps to avoid rifts developing between the parties
• benefits future communication and relationships
• have a much higher success rate and
• helps you simply bring an end to your dispute