Non-Court Dispute Resolution (NCDR): A Better Way to Sort Finances and Family Matters

OLS Solicitors Blog

Non-Court Dispute Resolution (NCDR): A Better Way to Sort Finances and Family Matters

By Sian Stevens on July 22, 2025

Explanation of no court dispute resolution for family law cases

Non-Court Dispute Resolution (NCDR): A Better Way to Sort Finances and Family Matters

Going through a divorce or separation? You might assume you need to go to court to settle things like money, property, or children. But court isn’t the only option—and it’s rarely the best one.

More and more couples are choosing Non-Court Dispute Resolution (NCDR) to reach agreements without the delays, stress, or high legal costs of going to court.


✅ What Is NCDR?

Non-Court Dispute Resolution (NCDR) refers to any method of resolving family law issues without going to court. Common options include:

  • Mediation – A neutral professional helps you reach agreement on finances or childcare. See official guidance on mediation from the Ministry of Justice.
  • Private FDR – A fast-track version of a court hearing, handled privately by a family law expert.
  • Arbitration – Like hiring a private judge whose decision is binding.
  • Collaborative Law – Both sides work with their solicitors to find a solution without going to court.
  • Early Neutral Evaluation – An impartial expert gives an early view on the likely outcome.

These routes are typically faster, cheaper, and less stressful than traditional court proceedings.


🚨 Why Is NCDR Becoming So Popular?

Family courts in England and Wales are overwhelmed. Cases can take over a year to resolve, and legal fees can quickly spiral. That’s why both the courts and legal professionals are encouraging couples to use NCDR instead.

Key reasons to consider NCDR:

  • 📉 Long court delays – Some cases take 12+ months to reach a final hearing
  • 💰 Sky-high legal costs – Conflict increases solicitor fees
  • 👶 Children suffer when disputes drag on
  • 📜 New court rules from April 2024 – Couples must actively consider NCDR
  • ⚖️ Risk of cost penalties if you refuse NCDR without good reason

💡 Why Choose NCDR Instead of Court?

  • Save time: Some cases resolve in a matter of weeks
  • Lower costs: Mediation or arbitration can be far cheaper than litigation
  • Stay in control: You decide the outcome, not a judge
  • Reduce conflict: Keep discussions focused on resolution, not blame
  • Protect children: NCDR reduces emotional stress and tension

⚠️ What Happens If You Ignore NCDR?

If you apply to court without trying NCDR, the judge will ask why. Since April 2024, new rules mean both parties must show they’ve actively considered NCDR.

If not, you could be penalised in legal costs—even if you win the case.


🛡 Do You Still Need a Solicitor?

Yes. Even when using NCDR, you should get independent legal advice—especially if you’re dealing with:

  • Property or mortgages
  • Pensions and retirement funds
  • Savings and joint accounts
  • Spousal maintenance or income differences
  • Business assets

Once an agreement is reached, you’ll need a solicitor to draft a Consent Order to make it legally binding and enforceable.


👣 What Should You Do Next?

If you want to resolve things calmly and cost-effectively, your first step is getting expert advice. At OLS Solicitors, we can help you:

  • Understand the NCDR options available
  • Choose the most suitable route for your situation
  • Reach a fair agreement on finances or childcare
  • Convert your agreement into a legally binding Consent Order

You can also explore more NCDR resources from Resolution – the family law association.


🎯 Speak to Our Family Law Team

The sooner you act, the sooner you can move forward with clarity and peace of mind.

📍 OLS Solicitors
📞 Call: 01554 756952
📧 Email: [email protected]
🌐 Website: www.ols-solicitors.co.uk

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    Contesting a will in England and Wales | OLS Solicitors

    OLS Solicitors Blog

    Contesting a will in England and Wales | OLS Solicitors

    By Lucy Batstone on July 22, 2025

    How to contest a will

    Advice On How to Challenge a Will or Inheritance in the UK

    If you’ve lost a loved one and believe their will is invalid or you’ve been unfairly left out of their estate, you may be able to make a contentious probate claim.

    At OLS Solicitors, we help people resolve inheritance disputes quickly, sensitively, and with clear legal advice.


    What Is Contentious Probate?

    Contentious probate refers to legal disputes about how a deceased person’s estate is administered. This can happen when:

    • The will is believed to be invalid
    • You haven’t been reasonably provided for under the Inheritance (Provision for Family and Dependants) Act 1975
    • There’s suspicion of undue influence, fraud or lack of mental capacity
    • There are delays or concerns about executor misconduct
    • The deceased died without a will (intestate) and you want to make a claim

    Common Types of Inheritance Disputes

    These are the most common reasons for challenging a will or inheritance:

    1. Challenging the Validity of a Will

    You may be able to contest a will if:

    • It wasn’t properly signed or witnessed
    • The person lacked mental capacity
    • They were under undue influence
    • There’s evidence of fraud or forgery

    2. Inheritance Act Claims

    If you were financially dependent on the deceased and weren’t reasonably provided for, you may have a claim. This applies to:

    • Spouses and civil partners
    • Former spouses who haven’t remarried
    • Children and stepchildren
    • Cohabiting partners (2+ years)
    • Anyone financially supported by the deceased

    3. Executor Disputes

    • Delays in distributing the estate
    • Lack of transparency or communication
    • Executors not acting in the estate’s best interest

    4. Beneficiary Disputes

    • Arguments over asset valuations
    • Disputes about how property or money is divided
    • Different interpretations of the will

    The Process for Making a Claim

    Here’s how contentious probate claims typically work:

    1. Get legal advice – Act fast. You usually have 6 months from the grant of probate to claim under the Inheritance Act.
    2. Case assessment – We review the will, your relationship to the deceased, and supporting evidence.
    3. Letter of claim – We set out your position in writing to executors or other parties.
    4. Mediation , ADR or negotiation – Many cases settle out of court.
    5. Court proceedings – If needed, we’ll guide and represent you throughout the litigation process.

    Our aim is always to resolve disputes with minimum stress and preserve family relationships where possible.


    Who Can Contest a Will?

    You may have legal standing to bring a claim if you are:

    • A spouse or civil partner
    • A former spouse who hasn’t remarried
    • A child or stepchild
    • A cohabiting partner (2 years or more)
    • Anyone who was financially dependent on the deceased
    • Someone who was excluded from the will or expected to inherit more

    Get Expert Advice from OLS Solicitors

    If you believe a will is unfair or invalid, or you’re involved in an estate dispute, our civil litgation team is here to help.

    We provide clear legal advice, practical solutions, and work towards fair outcomes.

    📞 Call us: 01554 756952
    📧 Email: [email protected]
    🌐 Visit: www.ols-solicitors.co.uk
    📍 Offices in: Llanelli & Swindon

    👉 Contact us today to speak with a specialist contentious probate solicitor.

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      Protecting Pre-Marital Wealth in Divorce: What the Standish Ruling Means for You

      OLS Solicitors Blog

      Protecting Pre-Marital Wealth in Divorce: What the Standish Ruling Means for You

      By Lara Davies on July 21, 2025

      Standish V Standish Supreme Court ruling informaiton and effect

      Standish v Standish Supreme Court Ruling: What It Means for Divorce Settlements in the UK

      On 2 July 2025, the UK Supreme Court handed down its final decision in Standish v Standish—a case that has become the definitive guide for dividing assets in a divorce involving pre-marital wealth and large transfers between spouses.

      If you or your partner brought significant assets into the marriage, this case will shape how the courts assess what is included in your divorce financial settlement.

      What was the case about?

      Clive and Anna Standish married in 2005. Clive, a wealthy financier, brought substantial pre-marital assets into the marriage.

      In 2017, he transferred £80 million to Anna as part of a tax planning exercise intended to benefit their children. The planned trust was never created, and the marriage later broke down.

      Anna argued that the money should be treated as matrimonial property and split. Clive claimed it remained his non-matrimonial wealth.

       What did the Supreme Court decide?

      The Supreme Court unanimously ruled in Clive’s favour. The Court confirmed:

      • The source of the asset is the key factor: because the money came from pre-marital wealth, it retained its non-matrimonial status.
      • The transfer was made for tax and estate planning, not to share ownership.
      • Just because an asset is transferred or legally owned by the other spouse does not automatically make it part of the marital pot.

      As a result, only £25 million of the £80 million was included in the divorce settlement. The remaining £55 million was ring-fenced as non-matrimonial.

       What does this mean for divorce law?

      This ruling now sets a binding precedent in England and Wales for dividing finances after divorce.

      Key takeaways:

      • Pre-marital assets are not automatically split in a divorce.
      • The sharing principle only applies to matrimonial property.
      • Transferring money into a spouse’s name doesn’t turn it into shared wealth unless there’s clear intent to do so.
      • The intention behind the transfer matters—not just the ownership on paper.

       What counts as non-matrimonial property?

      Examples include:

      • Wealth acquired before the marriage
      • Inheritance received during the marriage, if kept separate
      • Business assets or property owned before the relationship
      • Large sums transferred for tax, estate planning, or children’s benefit

      Unless there’s evidence these were intended for joint use, the court may exclude them from the divorce settlement.

      Will every divorce follow this ruling?

      Yes—this is now Supreme Court precedent. All courts must apply the same principles when deciding whether an asset is matrimonial or non-matrimonial. This is especially relevant in high-net-worth divorces or where one party contributed significantly more financially.

      Going through divorce with complex finances?

      If you’re dealing with:

      • Significant pre-marital wealth
      • Inherited money or property
      • Tax or estate planning arrangements
      • Or you’re concerned about protecting your business or future investments

      You need expert advice.

      At OLS Solicitors, we help clients protect what matters most in divorce. We can advise you on how to structure your settlement and secure a clean break—whether you’re the wealth creator or the financially dependent spouse.

      📞 Contact OLS Solicitors Today

      This article is for general guidance only and does not constitute legal advice. For tailored support, please contact our family law team directly.

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