Matrimonial Cases – Court is our last resort

The majority of matrimonial cases usually resolve without the publication of a written judgment for the public at large. In late October 2021, there was an exception to that. An English matrimonial case was recently published: Crowther v Crowther & Others [2021] EWFC 88. While Scotland and England have different rules of marriage and divorce, the principles are similar north and south of the border. The judgment is of interest for the manner in which the proceedings were conducted.

The case was remarkable in number of ways. It began over two years ago in September 2019. The judge noted “with dismay” that the divorcing husband and wife have made 41 statements in total and the case has stretched to 34 hearings (averaging at least one hearing a month for over two years).

The judge stated the parties have argued “almost every imaginable issue, no matter how trivial”. In doing so, the parties accrued costs which can only be described as eye-watering. This case demonstrates what can happen when parties and their solicitors do not adopt a pragmatic approach. The judge’s final observations in his introduction are worth repeating:

These proceedings have been intensely acrimonious. They, and their lawyers, have adopted a bitterly fought adversarial approach. I asked myself on a number of occasions whether the aggressive approach adopted by each side has achieved anything; it seems to me that it has led to vast costs and reduced scope for settlement. The toll on each party is incalculable (W was visibly distressed during the hearing) and, from what I have heard, the impact on the children has been highly detrimental.

At Johnson Legal we operate a person-centred approach. We believe that pursuing a defended action of divorce through the Court should always be a last resort. Our approach ensures that the acrimony and distress incurred in the case above does not arise. We pride ourselves on offering practical solutions to difficult legal problems.

So, how do we do that? We will have an open and frank discussion with you. Each case is different and with that in mind we provide tailored advice which is specific to your circumstances and those of your family. To avoid the last resort of court, we can discuss the use of alternative dispute resolution such as negotiation, mediation, and arbitration. For a practical example where we were able to avoid court proceedings see here:

https://www.edinburghfamilylaw.co.uk/case-study-achieving-the-right-financial-outcome-for-the-whole-family/

Where the last resort is necessary, we can guide you through the court process. We do so by giving you just the right mix of hard facts and solid advice, along with considered options to offer a resolution to your legal problem.

For pragmatic advice with a focus on a cost-effective outcome, contact us now on 0131 622 8477 for a free initial consultation with one of our solicitors.

Beverley Johnson

Head of Family Law