Legal Divorce FAQs

Divorce Financial Resolution – Sharing Assets Financial Resolution – Property Financial Resolution – Pensions Children Children
71. What is alternative dispute resolution (ADR)?
ADR includes a range of ways to come to an agreement without going to court. This includes arbitration and mediation. Before you can begin a court process, you will need to show that you have tried to resolve your dispute using mediation. The only situation in which this is not required is where there is domestic abuse and this makes the dispute unsuitable for mediation. These dispute resolution options are likely to cost far less than going to court. If you need to make a financial agreement or a child arrangement, you may need to pay for mediation. There is a government voucher scheme to help with the costs of mediation for those who are eligible. It is advisable to get some sort of professional advice to ensure that you have made a fair and sensible financial settlement.
72. What happens if the spouses can’t agree on arrangements?
You will usually need to show that you have tried mediation to resolve the differences, except in certain circumstances, such as when there has been abuse in the relationship or towards any children. Another option is arbitration, where an arbitrator decides on how a couple should settle their financial affairs and maybe some issues relating to child arrangements. Typically, the most time-consuming and costly option is to go to court.
73. What is mediation?
Mediation is a process where the two parties communicate to reach agreements with the help of a third person – a mediator. The mediator is trained to help you communicate at a difficult time and does not take sides nor force you to agree to anything you are not happy with. The court encourages families to resolve disputes without having to go to court, by trying mediation and other types of ‘non-court dispute resolution’ (NCDR). You can find a qualified mediator in your area on the Family Mediation Council website: www.familymediationcouncil.org.uk/find-local-mediator/
74. Who needs to go to mediation?
You need to go to mediation if you are applying to the court to make financial, property or child contact arrangements. Legally, you must show that you have tried mediation by attending a MIAM before taking your case to court, unless there are special circumstances, such as abuse in your relationship. If this is the case, you must state this on your court application form.
75. What is a MIAM?
A MIAM is a ‘Mediation Information & Assessment Meeting’ (MIAM) or ‘first meeting’ with a mediator to find out more about the service they offer and if it is right for your circumstances. You can go with your spouse or separately. It is still important to go to a MIAM even if your spouse refuses to attend as they may be asked to pay some of your legal costs in that case.
76. Who is exempt from having to attend a MIAM?
You can find a list of exemptions from attending a MIAM, such as having experienced abuse, and the kind of evidence you may need to show on the government website: apply-to-court-about-child-arrangements.service.justice.gov.uk/about/miam_exemptions
77. What are the benefits of mediation?
  • Making decisions through mediation can be quicker and cheaper than going to court.
  • The decisions are made by you, rather than a judge.
  • Mediators are trained to help you come to agreements, which may help you both stick to them, especially decisions that may be in place for a long time, such as child maintenance.
  • If agreements can be made and communication is facilitated, it can help make the process of ending the relationship easier on you and on any children.
  • Decisions can be reviewed, agreed upon and updated over time as circumstances change, such as when children grow older and have different needs.
  • Where children are older, you can consider child inclusive mediation where children also have a say. The age at which this is appropriate depends on the child’s level of maturity as well as their age. Generally, a child aged 10 year or above would be expected to have their voices heard.
78. How much does mediation cost?
The first MIAM meeting must be paid for and can cost around £120 each, but this can vary. If you or your spouse are eligible for Legal Aid, the costs of the MIAM and mediation sessions will be covered. There is currently a Voucher Scheme in place to help with the costs of mediation. The trained mediator will assess whether you are eligible for the voucher when you attend the MIAM and will apply for it on your behalf. There are a limited number of vouchers available, so the mediator will tell you if one is available. The voucher is a one-off payment of up to £500 to pay for the costs of mediation. If you are seeking help from mediators for issues relating to child arrangements and financial arrangements, you will only be able to receive up to one voucher if eligible. If you are seeking help with mediation for financial arrangements only, you cannot get a voucher. For more information, please look at the government website: www.gov.uk/guidance/family-mediation-voucher-scheme
79. What are the advantages of having arbitration instead of going to court?
You may not be able to use arbitration if you need to ask third parties to give evidence or you think there is a risk that your spouse will hide assets. This is more formal than mediation and the decision of the arbitrator, called an Award, is legally binding. This is often much quicker than going to court. There are also other situations in which arbitration may not be appropriate. However, many cases are eligible for arbitration. There may be many advantages to using an arbitrator:
80. How do you enforce a decision made by an arbitrator?
A financial decision made by an arbitrator is called an Award and a decision about child arrangements is called a Determination. These decisions are made according to the law of England and Wales and are binding. They can be made enforceable through obtaining a court order. You can ask a solicitor to submit the decisions of the award to get a legally binding court order to reflect the outcomes of the arbitration.
81. What is Collaborative Law?
Collaborative Law is a negotiation option, where the couple and the lawyers they work with are committed to resolving issues and coming to agreements regarding children, property and financial arrangements without having to go to court. Everyone involved is keen to reach an agreement in an amicable way as the same lawyers would not be able to represent the couple if they can’t agree and the case has to go to court. Any agreement reached can be made legally binding by applying to the court for it to be made into a consent order.
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