Different types of divorce in 2026 – understanding your options
Since 6 April 2022, there has been only one legal basis for divorce in England and Wales – the ‘no-fault divorce’. The introduction of no-fault divorce was intended to make the legal process more straightforward and less combative, removing the need to assign blame.
However, in everyday language, people still talk about the different ‘types of divorce’. In reality, what most people mean is the various routes available to resolve finances and arrangements for children following separation.
In this 2026 update, we explain the main non-court dispute resolution options now available, and when court proceedings may still be necessary.
Non-court dispute resolution – which option is right for you?
When facing separation or divorce, there are several routes to consider. You may need to resolve issues relating to your financial situation and/or arrangements for your children. Starting on the right note can make a significant difference, as the way matters are handled can affect your wellbeing, legal costs, future co-parenting relationship and wider family dynamics.
Where possible, the priority should be to resolve matters constructively. Court proceedings are usually a last resort. They can be stressful, time-consuming and costly. In this blog, family law solicitor and accredited mediator Sarah French explains each of the established alternatives designed to help families reach an agreement in a more tailored and considered way.
The kitchen table approach
Occasionally, couples separate very amicably and are able to discuss matters directly between themselves – sometimes quite literally around the kitchen table.
Even if an agreement can be reached in this way, it is still important to formalise the financial arrangements within a legally binding financial order. A solicitor should be instructed to draft and approve the order to ensure it is fair, workable and properly recorded.
Family mediation
Mediation is a predominantly conversation-based process. Rather than communicating directly in circumstances where discussions may become difficult, you are supported by a neutral third party – a specially trained family mediator.
At Scott Bailey, our family mediators are also family law solicitors, meaning they can provide legal information during sessions to assist discussions where appropriate. Mediation offers structure and support, helping to facilitate constructive dialogue. Frequently, mediators work alongside a family consultant with expertise in communication, behavioural and emotional matters, particularly where children are involved.
Mediation is flexible and tailored to your needs. Sessions can take place in person, remotely, or as a combination of both. There is no rigid timetable; progress is made at a pace that suits your family. Typically, couples attend between two and six sessions, each lasting around 90 minutes.
Before joint sessions begin, you will meet individually with the mediator. This provides an opportunity to explore whether mediation feels appropriate, ask questions and raise any concerns. Where helpful, other professionals such as financial consultants may join sessions to assist with pensions or complex assets. Solicitors can also attend some or all sessions if required.
When mediation relates to arrangements for children, a Government voucher of £500 is currently available towards the cost, which mediators can apply for on your behalf.
Importantly, mediation keeps decision-making in your hands. Nothing can be imposed upon you. This sense of ownership often makes agreements easier to implement and more sustainable in the long term.
Collaborative law
The collaborative divorce process is another conversation-led approach. You and your collaboratively trained solicitor meet with your former partner and their collaboratively trained solicitor to work through the issues together.
All participants commit to resolving matters without court proceedings. If the process breaks down, the solicitors must step aside and new representation would be required. This shared commitment creates a strong incentive for constructive problem-solving, and breakdowns are rare.
Typically, there are two to four meetings, arranged at times convenient to you both. The process is highly bespoke and can include input from family consultants and financial consultants where appropriate. You receive legal advice during the meetings as part of the shared discussions, ensuring you are fully informed while maintaining a cooperative framework.
Resolution Together – one couple, one lawyer
Often referred to as the ‘one couple, one lawyer’ model, Resolution Together allows one family law solicitor to act for both of you, provided there is no conflict of interest.
Your solicitor can advise you jointly on the legal framework, assist with financial disclosure and prepare the necessary court documentation. However, they cannot negotiate on behalf of either of you, as that would create a conflict.
Where appropriate, a family consultant or financial consultant may also be involved. Either party can seek separate legal advice alongside the process if required.
Early neutral evaluation
Early neutral evaluation involves jointly instructing an experienced family law solicitor or barrister to provide an independent view on your case.
After reviewing relevant documentation and, where appropriate, hearing from you both, the evaluator gives their opinion on what would be a fair and likely outcome. This may relate to the entire matter or to a specific issue that is preventing progress.
The opinion is not legally binding, but it can provide a valuable steer, helping parties to move towards settlement with greater clarity and confidence.
Arbitration
Family arbitration involves appointing an experienced family law arbitrator – often a solicitor or barrister – to make a binding decision on your behalf.
For financial matters, the decision is known as an arbitral award. For children matters, it is referred to as an arbitral determination. The arbitrator’s decision is binding and can be enforced in a similar way to a court order.
Arbitration is private, typically much quicker than court proceedings and conducted at a location agreed by the parties or remotely if preferred. Although the arbitrator charges a fee, the speed and efficiency of the process can reduce overall legal costs.
Unlike court hearings, arbitration offers certainty of timing, dedicated preparation time and a specialist decision-maker chosen by you.
Arbitration can determine the entire case or deal with a discrete issue, sometimes on paper without the need for a formal hearing.
When are court proceedings necessary?
Despite the range of non-court options, there are cases where court proceedings are required. This may be due to urgency, safeguarding concerns, non-disclosure of financial information, or where one party refuses to engage in alternative processes.
In financial matters, the court has the power to impose a binding order if agreement cannot be reached. In children matters, the court may determine arrangements where disputes cannot be resolved safely or constructively outside the court system.
Court remains an essential safeguard, but it is generally viewed as the final option after other avenues have been considered. Should the situation arise where court proceedings are required, our expert divorce solicitors will protect your interests tenaciously.
Taking early advice
Every family is different. There is no one-size-fits-all solution. Taking early legal advice allows you to understand the full range of options and choose the process that best reflects your circumstances, priorities and future plans.
At Scott Bailey, helping our clients achieve the best possible outcome is always our number one priority. Our team of expert divorce solicitors regularly guide clients through all forms of non-court dispute resolution as well as court proceedings where necessary.
We offer a fixed fee initial meeting with no time constraints, giving you the opportunity to explore your options fully and decide on the most appropriate way forward.
If you’d like to arrange a consultation with one of our divorce solicitors, get in touch today.
