Sarah Hawkins

Image by Envato

Why Child-Inclusive Mediation Matters More Than Ever for Separating Parents

Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

When parents separate, the focus understandably turns to their children – how they’re coping, what arrangements will work, and how to protect them from unnecessary distress.

But research – and increasingly, national guidance – points to one clear truth: it’s not separation itself that has the greatest impact on children. It’s how that separation is handled.

So important is this issue that the Children’s Commissioner for England, Dame Rachel de Souza, has recently written directly to parents going through divorce – urging them to minimise conflict and prioritise their child’s experience throughout the process.

What the Children’s Commissioner Wants Parents to Understand

In her letter, Dame Rachel highlights that:

  • It is not separation itself, but exposure to conflict, that most affects children’s wellbeing
  • Children are particularly harmed when they feel caught in the middle or pressured to take sides
  • Feeling heard and respected during family changes can make a lasting positive difference

She also makes an important point: while court is necessary in some situations – particularly where safety is a concern – many families can and should consider resolving issues outside of court.

Because when children feel that parents are “fighting for them,” it can unintentionally leave them feeling responsible for the conflict – something that can affect their wellbeing long after the legal process ends.

The Shift Away from Court

This reflects a wider shift across the family justice system.

Courts are increasingly encouraging parents to resolve matters amicably wherever possible – and the reality is that most families do not need to go to court to reach workable arrangements.

That’s where mediation comes in.

Rather than having decisions made by a judge – who may only see a limited snapshot of family life – mediation supports parents to make decisions together, in a calmer and more constructive way.

And for many families, Child-Inclusive Mediation (CIM) is becoming an important part of that process.

What Is Child-Inclusive Mediation?

Child-Inclusive Mediation gives children the opportunity to have a voice – safely and appropriately – within the mediation process.

This doesn’t mean asking children to make decisions or choose between parents.

Instead, it allows them to:

  • Share how arrangements are affecting them day to day
  • Express what’s important to them
  • Feel listened to during a time of significant change

A specially trained mediator speaks with the child privately, and any feedback shared with parents is done carefully, neutrally, and with the child’s consent.

Why Hearing Your Child’s Voice Can Change Everything

Parents naturally want to do what’s best—but without direct insight, it’s easy to misinterpret what a child is experiencing.

Through CIM, children often share things they haven’t felt able to say before – about school, routines, or emotional pressures.

That perspective can be powerful.

“Children don’t need to be put in the middle to be heard. When done properly, Child-Inclusive Mediation gives them a voice without giving them responsibility.” – Sarah Hawkins

It can help parents move away from positions of disagreement and toward solutions that genuinely support their child’s wellbeing.

Keeping Decisions Out of Court—Where Possible

For many families, mediation – and CIM in particular – can help avoid the need for court altogether.

Court proceedings can be:

  • Lengthy and costly
  • Emotionally draining
  • Determined by a judge with limited time and limited insight into your family

While judges play a vital role, they cannot fully understand the day-to-day realities of your child’s life in the way you can.

Mediation creates the space to explore those realities – and to reach agreements that are more personal, practical, and sustainable.

A Common Misunderstanding

As more families are encouraged toward mediation, there is still some confusion about what it involves.

Mediation is not the same as court:

  • It is confidential
  • Mediators do not make decisions or recommendations
  • No reports are written for a judge

This independence is what allows both parents – and children – to speak openly and honestly, without fear of repercussions.

Supporting Families to Choose Mediation

Encouragingly, support is available to help families access mediation early.

The Government’s Family Mediation Voucher Scheme offers up to £500 towards the cost of mediation.

Since its launch, it has helped tens of thousands of families reach agreements around children, finances, and housing – without escalating matters through the courts.

At NFM, we see this as a proven and cost-effective way to support families at a difficult time – reducing conflict and helping parents move forward constructively.

Final Thoughts: Putting Children at the Centre

Separation is a significant moment in a child’s life – but it doesn’t have to be a damaging one.

What matters most is how parents navigate the journey.

Child-Inclusive Mediation supports families to:

  • Reduce conflict
  • Keep children out of the middle – but still heard
  • Make decisions together, rather than having them imposed

As the Children’s Commissioner makes clear, children benefit most when they feel safe, listened to, and protected from adult conflict.

“Most parents don’t want to fight – they want to find a way forward that works for their children. Mediation helps make that possible.” – Sarah Hawkins

If you’re going through separation, it’s worth considering not just what decisions need to be made – but how you can make them in a way that truly supports your child.

About Sarah Hawkins

Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.

📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM

No-Fault Divorce Doesn’t End Everything: Why You Still Need a Financial Consent Order
Image by freepik
///

No-Fault Divorce Doesn’t End Everything: Why You Still Need a Financial Consent Order

Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

This article is for informational purposes only and does not constitute legal advice.

When no-fault divorce came into effect in England and Wales in April 2022, it was seen as a much-needed shift toward a more respectful, less confrontational way to end a marriage. And for many couples, it has delivered on that promise—removing blame and encouraging a more constructive path forward.

But here’s the catch: while the legal end of a marriage is now simpler, financial separation is often left unresolved. This misunderstanding can lead to serious complications down the line.

The Common Misconception: Thinking Everything’s Already Settled

With the ability to complete a divorce online in just a few steps, it’s easy to assume that everything—money, property, pensions—is automatically taken care of, especially when the split is amicable.

It’s not.

“A divorce legally ends a marriage, but it doesn’t end the financial relationship between ex-spouses.” – Sarah Hawkins, CEO, NFM

Unless you obtain a court-approved financial consent order, either party can make financial claims in the future—even years after the divorce is finalised.

What Happens Without a Financial Consent Order?

At NFM, we regularly see people return to mediation long after their divorce, unaware that their financial ties were never legally closed. The consequences can be significant:

  • A house purchase falls through when a buyer realises their ex could still have a claim on the equity.
  • Retirement plans are disrupted by surprise claims on pensions
  • Second marriages become legally complicated due to unresolved financial obligations

Without a consent order, your financial past may unexpectedly resurface.

What Is a Financial Consent Order?

A financial consent order is a legal document that formalises the financial arrangements you’ve agreed with your ex. Once approved by a judge, it becomes legally binding and prevents either party from making further financial claims.

You don’t need to go to court in person to get one—but you do need to go through the right process. And while it’s often associated with disputes, it’s just as important when both parties are in full agreement.

Making It Legal: Your Options for Getting a Consent Order

Mediation is often the best starting point, especially for couples who want to avoid unnecessary conflict or legal costs. It helps both parties reach a fair agreement in a calm, structured setting.

Once an agreement is reached, there are several ways to make it legally binding:

  • Do it yourself – If you agree on everything and feel confident managing the paperwork, you can draft your own consent order and apply to the court for approval. Guidance is available on the GOV.UK website.
  • Get legal advice – A solicitor can review or help draft the order to ensure it’s fair and likely to be accepted by the court. Judges can reject a consent order if they suspect one party may have been disadvantaged.
  • Use a solicitor service – At NFM, we offer NFM LegalEyes, a service that connects clients with qualified solicitors who can prepare the consent order – leaving you just needing to submit to Court.

How NFM LegalEyes Works:

  1. You agree on how to divide finances through mediation.
  2. A solicitor drafts the consent order and completes the required paperwork.
  3. You submit the consent order
  4. If the judge finds it fair, the order is granted—and your financial arrangements are legally finalised.

Help with Costs: Legal Aid and the Mediation Voucher Scheme

Worried about costs? Support is available.

  • Legal Aid is still available for family mediation for those who qualify.
  • The government’s Family Mediation Voucher Scheme offers up to £500 toward mediation costs for separating families with children.

These schemes make it easier for families to access professional help early—often avoiding more expensive issues later on.

Why Mediation Still Matters—Even with No-Fault Divorce

Some assume that because no-fault divorce removes the need to assign blame, mediation is less important. The opposite is often true.

Mediation:

  • Encourages calm, cooperative conversations
  • Helps you focus on what’s best for your children
  • Reduces long-term legal and financial risks
  • Leads to more sustainable, tailored agreements

“Most people going through divorce simply want to move on—securely and with dignity. That means more than ending a marriage; it means drawing a clear legal line under the relationship.” – Sarah Hawkins

Final Thoughts: Don’t Leave Loose Ends

No-fault divorce has simplified one part of the process. But it’s just as important to bring financial clarity and closure to your separation.

If you’ve already divorced without a financial consent order, it’s not too late—you can still apply for one. If you’re just starting out, make sure it’s part of your plan.

Ending a marriage should include ending financial ties—formally, fairly, and for good.

About Sarah Hawkins

Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.

📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM