Legal News | 18.11.25

How to Have a Good Divorce – Choosing a Better Way to Separate

Last week was Resolution’s Good Divorce Week during which family justice professionals highlighted the need for more investment in the legal system.  This comes on the back of a damning parliamentary report which revealed the average duration of private cases in the family court has increased from 26 weeks in 2018 to 41 weeks last year – a 36% increase.

With latest statistics showing that, on average, over a thousand cases are started in the family court each working day, it’s clear that these delays are not going to reduce without better resources.  In this article we look at whether it is possible to have a ‘Good Divorce’ and steps couples can take to resolve disputes between them whilst avoiding Court proceedings.

What a ‘Good Divorce’ looks like depends on your perspective, but it is certainly possible to make a divorce or separation less painful.  If both parties to the divorce actively choose to work together to finalise their marriage, a constructive divorce is possible.  Family law has developed over the last decades and there is now a menu of options in place for separating parents designed to avoid the need to attend Court and to help couples resolve disputes between them amicably.

Children cope best in separation when they feel safe, loved, and protected from any hostility between their parents.  A strong co-parenting relationship doesn’t require two people to get on perfectly. What matters is consistency, calm communication, and a shared understanding of what the children truly need: security, routine, and the reassurance that both parents remain present and involved.  If parents work together when divorcing or separating to make future arrangements with their children at the heart of negotiations, this can provide a strong foundation for a future co-parenting relationship.

Why Court Isn’t Always the Answer

Whilst Court is necessary in some cases, particularly where safety is an issue, many families are far better served by choosing non-Court dispute resolution processes.  These tend to be quicker, more cost-effective, private, and significantly less stressful.

There are many non-court Dispute Resolution options available for separating couples, including:

Mediation

A neutral mediator helps guide you both through discussions about children and finances. It’s flexible, child-focused and encourages you to work together to reach your own solutions rather than handing control to a judge. Agreements can later be formalised, giving structure and legal certainty.

Collaborative Law

This is a team-based approach. Both parties instruct collaboratively trained lawyers and everyone commits at the outset not to go to court. Negotiations take place in joint meetings, not via correspondence and issues are discussed openly and creatively. Other professionals, such as financial experts, family consultants or child specialists, can be brought in to support the process.  Your family is at the heart of the discussions.

Roundtable Meetings

These are lawyer-led settlement meetings where everyone works together in real time to narrow issues and explore solutions. They can be incredibly effective for keeping momentum and reaching an agreement without the delays you would experience in the court system.

Private FDRs

A private Financial Dispute Resolution hearing provides early, authoritative guidance from an experienced barrister or retired judge on what a court would be likely to order. This is designed to help couples reach a solution quickly, particularly in cases involving complex finances or high-value assets.

Arbitration

The parties agree to appoint an arbitrator and choose their timetable.  After the arbitration hearing the parties receive a legally binding decision without ever stepping foot in court. It’s discreet, efficient and especially helpful where timing and privacy are priorities.

Choosing the Right Professional Support

Our Family team at Wansbroughs are all members of Resolution.  This means we all follow the Resolution Code of Practice and are committed to helping couples find a non-confrontational approach to divorce and separation. This includes avoiding a lengthy and adversarial court process where possible.

Whichever stage you are at, our Family and Divorce team know that early advice is crucial, which is why we offer a free 30-minute consultation. If you would like further advice or information, please get in touch: 01380 733300 |
family@wansbroughs.com