Frequently Asked Questions

The Curve

What is the difference between a MIAM and Family Mediation?

A Mediation Information and Assessment Meeting (MIAM) is the first step in the family mediation process. It’s a preliminary meeting where you and a mediator discuss your situation and the issues you would like to resolve. The purpose of a MIAM is to determine whether mediation is suitable for your case and to explain how the process works. It’s an opportunity to ask questions, understand your options, and decide if mediation is the right path forward. No detailed negotiations or decisions are made during this meeting.

Family Mediation, on the other hand, is the process that follows a MIAM if both parties agree to proceed. A professionally trained mediator works with you and your ex-partner in family mediation to help you agree on child arrangements, finances, and property division. Mediation sessions are designed to be collaborative and aim to find mutually agreeable solutions, keeping you in control of the outcomes. Unlike the MIAM, family mediation involves detailed discussions and negotiations to resolve the issues at hand.

What is a MIAM?

Your first meeting with a mediator is often called a Mediation Information & Assessment Meeting (MIAM). During this meeting, which lasts about an hour, you’ll have the chance to share your situation with the mediator and discuss the issues to be resolved. The mediator will explain how mediation works and discuss other ways to reach an agreement.

 

What to Expect After the Meeting

At the end of the MIAM, the mediator will let you know if mediation is a good fit for your case. You will then decide whether to move forward with mediation or consider other options for resolving your issues. If needed, the mediator can signpost you to additional services.

 

Involving Your Children

If you have children aged 10 or older, the mediator will talk to you about including their views in the process. This helps ensure that decisions are made in the best interests of your children, which can benefit both them and you.

 

How Much Does It Cost?

The MIAM and any following mediation sessions will be free if you qualify for legal aid. Before your MIAM, the mediator can help you determine if you’re eligible. If not, you’ll need to pay for the MIAM, with costs typically around £120 per person, though this can vary depending on your location and mediator.

 

Is a MIAM Required?

In most cases, you must attend a MIAM before taking your case to court.

Visit the link to find out more about exemptions –  https://apply-to-court-about-child-arrangements.service.justice.gov.uk/

What is Family Mediation?

Family mediation is a process where an impartial, professionally trained mediator assists you in reaching agreements about child arrangements and finances after a separation.

Mediation can also be beneficial when existing arrangements need to be adjusted, especially as your children grow older.

This process empowers you to remain in control of decisions. During mediation, you won’t be forced into any action that goes against your wishes.

Mediation is typically less stressful, faster, and more cost-effective than going to court. If you qualify financially, legal aid may be available.

Mediators offer flexible and customised approaches tailored to your specific situation. If separate spaces are deemed more suitable, you don’t have to be in the same room as your ex-partner.

What will I need for Financial Mediation?

You must bring detailed information about your assets, liabilities, income, and current and future expenses for financial mediation. This information is essential for creating a full and frank disclosure, which enables both parties to understand the financial situation clearly. However, don’t worry if you don’t have all this information for the first meeting, as the process can start without it. That said, a realistic discussion about dividing your assets will require all the necessary information to be gathered and summarised before you can begin considering how the assets can be divided.

You won’t need to provide these details during the Mediation Information and Assessment Meeting (MIAM), as this is an assessment, not a detailed fact-finding session. Once the necessary financial information is gathered and disclosed during mediation, you and your ex-partner can discuss and negotiate the fair division of assets, ensuring the best possible outcome for the entire family.

To help you prepare for completing your financial disclosure during mediation, the chart below outlines the key assets and liabilities that you will need to disclose:

ASSETS

  • Property
    • Family Home (and additional property) – current value, outstanding mortgage, ownership details
  • Savings and investments
    • Bank accounts – Current balances (including savings, current accounts and fixed deposits)
    • Investment accounts – Stocks, bonds, mutual funds, ISAs etc
    • Pension funds – Cash equivalent value (current value), type of pension (e.g. workplace, private), and pension providers
    • Other investments – Trusts, annuities, or any other financial products
  • Personal possessions
    • Vehicles – Make, model, year, current value, and outstanding finance
    • Valuable items – Jewellery, art, antiques, collectibles over £500 – with estimated value
  • Business interests
    • Ownership in companies – Details of shares, partnerships, and any other business interests

LIABILITIES

  • Debts
    • Mortgages – Total outstanding, details of properties secured against
    • Personal loans – Total outstanding, lender’s details
    • Credit card debts – Total balances and minimum payments
    • Overdrafts – Details of all bank overdrafts, including limits and amounts owed
    • Tax liabilities – Outstanding taxes owed to HMRC or other relevant tax authorities
  • Other liabilities
    • Maintenance obligations – Any spousal or child maintenance payments from a previous relationship
    • Contingent liabilities – Any potential future liabilities, such as guarantor obligations or pending legal actions

INCOME

  • Salary/wages
    • Including bonus, overtime, commission
    • Benefits in kind – Such as a car allowance, private medical insurance
  • Business accounts
    • The last two years of your accounts or tax return
  • Other regular income
    • Pension income
    • State benefits – Such as universal credit, disability allowance
    • Maintenance payments – Such as spousal or child maintenance support from a previous relationship
    • Trust income
  • Future earnings
    • Details if you expect any significant changes in your income

EXPENDITURE

  • Income needs for yourself
  • Income needs for any children living with you or provided for by you

This information will allow for a full and frank disclosure, essential for a fair financial settlement during the divorce process.

What Happens in Child Arrangement Mediation?

Child arrangement mediation is a process where separated or divorced parents work together, with the help of a trained mediator, to agree on the care and upbringing of their children.

Here’s an overview of what to expect:

After your MIAM, if both parents agree to proceed, they’ll attend mediation sessions together. These are guided by an impartial mediator who helps facilitate discussions on important issues like where the children will live, how much time they’ll spend with each parent, and decisions regarding education and healthcare.

The paramount goal is finding solutions that are in the children’s best interests. The mediator helps explore different options but doesn’t make decisions for you. If you agree, you can create your own child arrangement plan, or the mediator can do this for you. Although the court would hope that you can work as parents using the child arrangement plan, if necessary, this can be made into a Consent order through the legal process. If you decide to proceed to court, it is important to consider the cost, the time, and the impact court proceedings may have on you, and especially your children.

Child arrangement mediation provides a collaborative, less adversarial way to resolve disputes. It focuses on what’s best for the children while helping maintain a positive relationship between parents.

Understanding the Divorce Process

What is divorce?

Divorce is the legal process of ending a marriage; it officially dissolves your marriage and allows both parties to remarry.

 

What are the grounds for divorce?

As of April 2022, you no longer need to provide a specific reason or “grounds” for divorce. This is known as “no-fault” divorce, making the process simpler. You just need to state that the marriage has irretrievably broken down.

 

How do I start the divorce process?

To start a divorce, you need to file a divorce application, known as a “divorce petition”. You can do this online or submit paper forms to your local family court. Click here to find out more.

 

Can I apply for a divorce on my own?

Yes, you can apply for a divorce on your own (as a sole applicant) or with your spouse (as a joint applicant).

 

What happens after I apply for a divorce?

Once you submit your application, the court will process it. If your application is in order, the court will issue a “conditional order” (previously called a Decree Nisi). This is the first stage of your divorce being granted.

 

What is a Conditional Order?

A Conditional Order is a document confirming the court doesn’t see any reason you cannot get divorced. However, it hasn’t legally ended your marriage yet.

 

When does my marriage legally end?

Your marriage legally ends when the court issues a “Final Order” (previously called a Decree Absolute).

 

How long does the divorce process take?

The entire divorce process typically takes around six to eight months, but it can take longer if there are delays, disagreements, or issues with the paperwork.

 

Do I need to go to court?

Most divorces do not require you to go to court, especially if both parties agree on the divorce and any related arrangements, like child arrangements or finances. However, if there are disputes, you might need to attend court.

 

What about children and finances?

Divorce only ends the marriage itself. Issues like child arrangements, child maintenance payments, and the division of finances (such as property, pensions, and savings) are handled separately.

 

Can I remarry after my divorce?

Once the Final Order is issued, you are legally free to remarry.

 

Do I need a lawyer?

You don’t necessarily need a lawyer to get divorced. Still, legal advice can be very helpful, especially if your situation is complicated or if you and your spouse cannot agree on important issue such as finances.

 

How much does a divorce cost?

The cost of a divorce varies. The main cost is the court fee for filing the application, which is £593 as of 2024. Additional costs may vary for legal advice and additional services

 

What if we want to reconcile during the process?

You can pause or stop the proceedings if you and your spouse decide to reconcile during the divorce process. You would need to inform the court of your decision.

 

Can I apply for a divorce if my spouse doesn’t agree?

Yes, under the no-fault divorce system, you can proceed with a divorce even if your spouse doesn’t agree. The court does not require both parties to consent.

This FAQ provides a general overview of the divorce process in England and Wales. Every situation is unique, so seeking legal advice for your specific circumstances may be beneficial.

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