Mediation, Separation, Divorce, Children and Financial Settlement

0800 612 4614


Guidance

Did you know?

You can separate or get divorced without needing a solicitor or attending court. If you both agree the terms of your separation or divorce at Mediation. Therefore saving yourself thousands of pounds on legal costs.


If you and your ex-partner can agree you both want a separation and agree on any division of the assets. Or for divorce on the reasons why you are divorcing and any financial settlement this relates to money, property and children. Then there is no need to delay matters for months or spend thousand of pounds on legal costs.


How?

If you agree on your divorce and the reasons why, getting a divorce legally finalised will take 3 to 6 months. You will need to get a divorce if you want to get married again.


If you issue the divorce proceedings you will be called the petitioner the other party to the Divorce is known as the respondent. The court fee to get divorced is £550.


You need to show your marriage has ‘irretrievably broken down’. This means there’s no way you can work through your problems.


You do this by choosing one of 5 reasons - also known as ‘facts’ or ‘grounds for divorce’.


Which are:

You and your ex partner should try to agree on one of these facts:


1) One of you has cheated - also known as committing adultery

2) unreasonable behaviour

3) your partner has left you - also known as ‘desertion’ this includes if you’ve lived with your ex-partner for 6 months in the last 2 years

3) You have lived apart for at least 2 years and you both agree to the divorce

4) You have lived apart for at least 5 years your ex partner does not need to agree.


Other options:

You can get a legal separation (also known as ‘judicial separation’) if:

you have been married less than a year

you don’t feel ready to get divorced

you don’t want a divorce because your religion disagrees with it

The court fee costs £365.


A legal separation doesn’t stop you from getting divorced at a later date but you will need to then convert the legal separation to divorce proceedings and will have to pay another fee to get divorced, which is £550.


Annulling your marriage

An annulment ends a marriage that isn’t legal in the UK.

You can get your marriage annulled if:

• one of you was already married or in a civil partnership

• you didn’t properly agree to the marriage - for example, you were drunk or forced into it

• you haven’t had sex with your partner since you got married - this doesn’t apply to same-sex couples.


If you are not Married or you are Married but want to wait 2 years to get divorced. 

Then a Separation Deed/Agreement will set out the terms of your separation, dealing with your agreement to separate, the arrangements for any children and dividing the assets.


Help in reaching Agreement at Mediation

Financial decisions when you separate or divorce can be difficult, such as what to do with your home and how to divide any other assets and pensions.


Mediators are here to help facilitate direct communication between you and your ex partner.  Assist in considering all of the options, help generate new ideas and reach solutions and agreements.


Mediation is a cost-effective way of solving differences over child arrangements, Divorce, Separation and dividing Assets such as property. With regard to Financial matters, you will both fill in a Financial Disclosure Form when you go to mediation. This shows how much money you have got going out and coming in. What the joint assets are and what the assets are in your individual names. This is good starting point for discussions.


Reaching agreement at Mediation will save you time, is less stressful than going through solicitors and the courts and will save you thousands of pounds on solicitors costs. Before going to court it is a legal requirement to attend Mediation first to see if matters can be resolved by agreement.


So you have nothing to lose by attending Mediation. However, you have a lot to gain as you will stay in control of decisions about your family and finances and save on legal fees and the stress involved in court proceedings.


Telephone us for more information 0800 612 4614.

We offer Free Guidance as part of the Mediation Process.