Is Family Dispute Resolution an Option in High Net Worth or Complex Divorce?

Yes, family dispute resolution is increasingly being favoured by high-net-worth individuals.

When significant assets, international interests or complex financial arrangements are involved, it can feel almost inevitable that the courtroom is the only way to settle a divorce. However, for high-net-worth couples who wish to seek an alternative route, there is another method available, prioritising privacy and mutual respect while often expediting proceedings.

At Goodwins Family Law Solicitors – part of Collins & Hoy Solicitors – we offer a suite of family dispute resolution options to separating couples. We ensure you are fully informed regarding the approaches available when it comes to navigating the complexities and challenges of your separation.

Does a high-net-worth divorce have to go to court?

No, despite common misconceptions, the courts are not the only option for settling disputes. Multiple dispute resolution processes are suitable in high-net-worth divorce cases.

Court proceedings have a tendency to move more slowly, in the public view, and can cost more. If you value the preservation of your privacy, a more tailored alternative can be found. We view the court as the last resort, simply because we believe dispute resolution and mediation can lead to more amicable and therefore longer-lasting agreements.

What are my options for a high net worth divorce?

Researching your options in a high-net-worth divorce case can be beneficial for all parties.

We offer several types of dispute resolution available to high-net-worth clients in London:

• Mediation – This can include hybrid mediation, where your mediator works with both parties and their solicitors to support and advise, and Child Inclusive Mediation, where the children can share their thoughts to be taken into consideration.
• Collaborative Law – This process includes both parties and their respective solicitors, resolving issues in roundtable discussions without issuing court proceedings. The settlement is structured and planned with financial and child arrangements included.
• Resolve (Resolution Together) – Using one specially trained solicitor, both parties will negotiate and discuss the settlement, with the outcomes formalised for submission to the courts. This provides a cost-effective route to solving disputes such as complex divorce cases.
• Early Neutral Evaluation – For an impartial, early assessment of the likely outcomes, ENE is an option that helps both parties to understand their position, encouraging negotiations and decisions that are grounded, while dealing with complex financial scenarios. Our solicitors will advise and support in light of the assessment by a private Judge and work towards an agreed negotiated outcome. 
• Arbitration – Particularly useful where a discrete, private alternative to court is needed, a qualified arbitrator will make decisions that are final and binding, without going to court. 

Why dispute resolution is beneficial for high-net-worth divorces

One of the most appealing benefits of dispute resolution is that a high-net-worth divorce does not have to mean high legal costs. Dispute resolution offers a process bespoke to your circumstances and needs. It provides a cost-effective and directed process which generally shortens the timelines and condenses correspondence. This may mean the use of shared professionals, which can reduce expenditure on legal fees whilst promoting a respectful and dignified process.

There are several other benefits to taking this route, including:

• Maintaining confidentiality if you are a public figure or business owner
• Gives you more control over the process and the possible outcomes
• Support is tailored to your circumstances, including business valuations, trusts and international assets.
• It promotes amicable post-separation relationships, a vital aspect for co-parenting in the future or where joint ventures require further collaboration.

Is dispute resolution in high net worth cases different to when it is used in less complex divorces?

Dispute resolution gives you multiple options, but applies the same principles of providing control, lower costs and more respectful and amicable proceedings. The complexities of your case will likely inform which dispute resolution process you select, as there may be more to consider in high-net-worth cases, such as forensic accountants and tax advisors. 

High-net-worth individuals may choose the hybrid mediation or collaborative model in order to have legal professionals work together to reach a desired resolution. 

Common concerns in dispute resolution

As with any legal proceeding, there are some common queries and concerns to be addressed in relation to dispute resolution:

• Is full financial disclosure required? Yes, these processes still require all finances to be disclosed.
• Will there be a power imbalance? The benefit of managed mediation and legal support is that any power imbalances can be addressed and factored in.
• Are the outcomes enforceable? Yes, agreements can be formalised into binding court orders, or at the very least, can be considered by the courts should you have to take that step.

Do I need legal advice during the process?

In any family dispute resolution for high-net-worth divorce, you need sound legal advice throughout. This is so that you can fully understand your rights, options and the implications of any agreements. 

Some models include the direct inclusion of solicitors and lawyers to ensure this is provided. The overall aim is to create a fair agreement that is legally binding for both parties.

When are court proceedings and litigation needed?

As mentioned previously in this piece, entering into dispute resolution requires both parties to engage and disclose all financial information. Without this, you may need to pursue court proceedings and enter litigation; that is why it is important to choose the right dispute resolution for your high-net-worth case.

You may also need court proceedings if your case involves domestic abuse and safeguarding concerns, as legal protections may need to be applied. 

While not just for settling high-net-worth divorce cases or complex divorces, family dispute resolution is extremely well-suited to these situations. Flexibility, privacy and tailored processes make them ideal. We recommend this option to avoid the normal adversarial nature of the courts, building more durable and respectful outcomes where significant wealth or long-term co-parenting is involved.

Explore your options for dispute resolution with our expert team in London today, and we will assist you with legal guidance for the most effective outcome for you and your family.