Going to Court – Litigation

 

At FLiP we don’t take cases to Court for the sake of it. But sometimes going to Court can be the best option for you. Our intelligent, robust and principled approach to litigation is widely respected and recognised. We will give you a clear sighted assessment of the strengths and weaknesses of your case and will advise you accordingly.

We pride ourselves in achieving consistently successful outcomes for clients when we take cases to Court. Our Reported Cases stand as a testament to our success.

Rest assured, we will be by your side, fighting your case with skill and care to deliver the very best outcome for you.

 

Why Go To Court? →

Issuing Court proceedings does not have to be an aggressive move.

  • There are many cases which benefit from a structured Court timetable which promotes and monitors disclosure throughout the process, for example.
  • There may be a point of law or fact to be decided.
  • There may be an urgent matter which can only be resolved safely and speedily through the Court.
  • Other process routes may have failed leaving you with no option but to issue Court proceedings.

Sometimes you need to use the Court process to achieve compliance with an existing order. This may include challenging the breach of an existing Court order, if your former spouse stops paying you maintenance, for example.

Whatever the reason for choosing to pursue your case through the Court, our approach will remain the same and our support for you will be unparalleled.

Our Expertise →

Whether your dispute relates to financial matters on divorce and separation or disagreements (financial or otherwise) over matters relating to children, we have extensive experience and technical skill to support you through the Court process.

  • We have been involved in almost all of the leading cases on spousal maintenance, equipping us with first-hand knowledge of the way the law is interpreted and applied.
  • We pioneered the use of private financial dispute resolution hearings and have wide ranging expertise in high conflict children work.
  • With a strong international practice, we regularly deal with cross jurisdictional issues including jurisdiction races and can call upon our network of specialist foreign lawyers to assist, when necessary.

Inevitably, going to Court can promote conflict and acrimony. However, our background in promoting agreement outside the Court process is just as relevant in the Court process. Our settlement skills are vital in creating an efficient and cost-effective process.

Even when proceedings are underway, we will always signpost you to alternative process options if this becomes more appropriate. Whilst our professional rules prevent us from providing either mediation or arbitration services to people for whom we are acting as lawyers, we can assist in accessing those services from other providers.

The Court Process - An Overview →

The Court process involves two, or sometimes three, separate processes and applies to divorce as well as the dissolution of civil partnerships. A separate process is involved for disputes concerning children.

  • The first process is the divorce itself; this is usually straightforward if the divorce is undefended and depending on the grounds on which you wish to divorce. It can usually be processed within six months.
  • The second process is to resolve the financial issues. The first stage is information gathering. Up to three hearings then follow. The first two can be used as opportunities to settle and the third, the Final Hearing, is when a judge will make a finding of what the division of the assets and income should be. If settlement is not reached the Court will impose its decision based on current case law.
  • The third process is to resolve issues relating to children. The judge will only impose a decision if you and your partner are unable to come to an agreement.

How We Support You →

Going to Court is not easy. But our in-house team of counsellors are on hand to provide you with any support and assistance you may need – a unique offering during an emotionally challenging time.

We also have strong professional relationships with a wide range of other specialists – barristers, forensic accountants, independent financial advisers, private bankers – who will work in partnership with us to support and advise you on issues ranging from how to fund your case to the valuation of your assets.

If you choose to take your case to Court (or where Court proceedings have already been started), we aim to ensure that your experience of the Court process is aligned with the core values and beliefs that underpin our practice. We litigate intelligently, robustly and skillfully, always with your best interests at heart and always working in partnership with you.

Our People

 

We have some of the very best London divorce lawyers and mediators, along with accomplished arbitrators, family consultants and counsellors. There’s no one better to handle your case.

Team of Family Lawyers Talking

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