Will, Trusts & Estates Services

Q: What if out of court divorce doesn’t work?

Out of court divorce doesn’t work for everyone. If your ex-partner isn't honest about their financial circumstances, or isn't prepared to negotiate or make compromises, it may have to go to court where a judge will make the decision for you.

Our expert solicitors help you structure your estate to protect your wealth, support your loved ones, and minimise tax.

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We originally focussed on criminal law, but by the 1980s we were working on some of the UK’s most high-profile personal injury cases, including:

As our reputation grew around the country, it was time for the firm to grow with it. In 1989, we opened our second office in Birmingham.

This growth continued into the 1990s with a series of mergers and acquisitions and offices opening in Leeds and London. By 2007, we’d moved into Newcastle, Manchester, and Glasgow as well. Expansion in the South of England continued through the 2010s.

Through this journey, Irwin Mitchell has become the largest full-service law firm in the UK with leading private client and business legal departments. We’ve also developed a highly-respected wealth management service after helping thousands of clients manage large compensation settlements.

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Frequently Asked Questions

We talk to people everyday about their wills, trusts, and estates. These legal matters are so important but they’re not always easy to understand, especially when you’re just starting out and trying to understand what help is available and how it can get you where you need to be. Here are some of the questions we hear most often.

Can I challenge benefits decisions?

Out of court processes are quicker, cheaper, and much less stressful.

They can also feel a lot less confrontational. Often, you will be sitting together in a room (or Zoom call) instead of facing each other across a courtroom. A mediator’s job is to help you find common ground – however impossible that might feel at the start.

Reaching a peaceful situation more quickly can have lots of benefits for any children, too – helping you all get on with the “new normal” as soon as possible.

What if out of court divorce doesn’t work?

What are the benefits of out of court divorce?

There are many benefits to mediation, collaboration, and arbitration, including:

Speed: An out-of-court divorce is typically completed within six months, where the court process can take up to two years
Lower cost: Less time spent on the case means lower solicitors' fees, and you won't have to pay for your case to be considered by a judge
Lower stress: Out of court divorce can be less confrontational, and help minimise stress for your children
A better working relationship with your ex-partner: Settling out of court can lay the foundations for a good working relationship in future
Flexibility: These processes have a lot more flexibility and can fit around your life – rather than you waiting for dates and attending hearings
Privacy: Arbitration is completely private, which makes it useful for those in the public eye.

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