The final hearing in Britney Spears' custody battle with ex-husband Kevin Federline has been postponed – prompting speculation that the pair may be trying to settle out of court.

Today's court date has been put back until Friday, with K-Fed's lawyer saying he needs the extra time to prepare.

"It was my idea to delay it for a day," says Kaplan.

"But the next available day for Wasser and I was Friday, simple as that. I think I will know better what is needed to go to trial then, than I do now."

Kaplan denies that a possible settlement is behind the delay.

"It's more for technical reasons in a complicated case like this," he tells OK!.

"The door is open if [Laura] Wasser and Blair Berk want to walk through it, but there is no delay because of an impending settlement."

Still, he doesn't rule out the possibility of avoiding a trial, adding, "I'm preparing to go to trial until I don't have a reason to go to trial,"

So unless the parties reach an agreement over custody of Sean Preston and Jayden James, K-Fed is set to fight for full custody of his boys during a five-day trial beginning on August 25.