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10 Steps to Divorce Financial Settlement
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10 Steps to Divorce Financial Settlement

Published on
Peter Marples
Peter Marples
Director
Fair Result

Agreeing a financial settlement is a huge milestone during the negotiation process of a divorce. It is advised that separating couples obtain a financial order that sets out this settlement, as whilst this is not mandatory, it will make this agreement legally binding.

Some lucky couples can decide on how to divide up their assets, agreeing their financial settlement without the need of going to court. However, to ensure both parties are protected, and the agreement is legally binding, a solicitor can draft a ‘consent order’ that both parties must sign.

This is then sent to the court with a completed Form A (notice of your intention to proceed with an application for a financial order), a Form D81 (statement about the parties’ financial situation to support your application for a consent order), and a £53 fee (administration fee).

However, a lot of couples fail to agree on a divorce financial settlement, which means that the court will have to decide for them.

In most cases, the process will follow the ten steps highlighted below, however, an agreement can be made at any point during this process. If that is the case, then this is agreed and signed in a legally binding court order to confirm all the details.

Providing notice of application – Form A

To kick start the financial settlement process, you will need to send a completed Form A (notice of your intention to proceed with an application for a financial order) to the courts.

This document will outline the kind of financial order you are looking for, at what stage you are at with the divorce or dissolution of a civil partnership proceeding, contact details of the separating couple or legal representatives, and information about the Mediation Information and Assessment Meeting (MIAM).

First Directions Appointment date

Once you have provided your application, the court will then set a date for the First Directions Appointment (FDA). This is the first hearing in relation to your financial dispute arising from your divorce.

This is an opportunity for the judge to consider what information each party needs to provide to create the divorce financial settlement. Both parties are encouraged to reach an agreement if possible. If this cannot be agreed, a second hearing with the FDA will be arranged to allow for further negotiation.

Financial statement – Form E

Form E (Financial Statement) is an important document in the UK divorce process since it acts as the starting point for the financial settlement negotiations.

Both parties send the court a Form E at least five weeks before the FDA hearing. You must also send a copy to each other.

The purpose of this document is to ensure both parties disclose their financial circumstances, including income, assets, liabilities, and projected financial needs.

FDA documents

These documents are filed by both parties two weeks before the FDA:

  • A concise statement of issues.
  • A chronology of events.
  • A questionnaire which is supposed to address the statement of issues.
  • A Form G, whereby you tell the court whether the FDA meeting can be used for a Financial Dispute Resolution (FDR) appointment. Typically, the FDR meeting takes place after the FDA meeting.

Costs – Form H

At this stage, each party will send the court a completed Form H just before the FDA meeting, listing any costs they have incurred.

This document sets out all the costs of the financial remedy proceedings, including costs from before and after the application was issued.

FDA meeting at court

The judge will consider both you and your partner’s financial disclosures and establish whether further information is required from either of you.

Many judges are keen to see whether a resolution meeting (skip to the final hearing section) can take place at this stage. If not, a date is set for the FDR meeting.

File proposals

Both parties will answer questionnaires, prepare evidence, and submit proposals to the court for the divorce financial settlement.

Both sides also submit a second Form H, which lists updated costs.

FDR hearing

During this hearing, the judge will focus on encouraging both parties to agree on a financial settlement, through judge-led negotiations.

Most divorcing couples settle at this stage (or soon afterwards). If not, the judge will arrange a final hearing, where both parties will need to make new offers and provide evidence.

Further proposals

The negotiations continue between both parties, including revised proposals for the divorce financial settlement which are sent to the court and to the other party.

Final hearing

This is usually the third and final court hearing within the financial remedy process.

In the absence of any agreement and following the submission of updated costs on a Form H1, a new judge will decide on your financial position and impose a settlement on your behalf.

Summary

One of the most important parts of getting a divorce is reaching a financial settlement. Many couples can agree this without the need of going to court however, but a lot of separating partners find difficulty in achieving this.

Perhaps one person is not providing their financial information, or they are not making sensible proposals, in that case, court is advisable.

By following these simple steps and receiving professional advice, you will be on your way to a Fair Result and a happy, brighter future.

Do you require specialist expertise in securing financial settlement? Get in touch with our team today.

Read more articles by Fair Result.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

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How do I find the right family mediator for my divorce?
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How Do I Find the Right Family Mediator for my Divorce?

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

If you opt to settle your divorce through mediation rather than a drawn out, expensive and contentious Court settlement, choosing the right mediator is vital.

Here are some guidelines to help ensure the best possible outcome for you, your ex, and – most importantly – any children involved in your relationship breakdown.

Who chooses the mediator?

The first step if for each of you separately to attend a confidential Mediation Information Assessment Meeting (MIAM) with a qualified mediator who should  be approved by the Family Mediation Council (FMC).

You can appoint your own mediator through the FMC register which lists mediators near where you live.

At the MIAM you both discuss with the mediator key issues that need resolving. If you have children, the mediator should explain to you how your children’s voice can be heard within the process.

The mediator will explain the mediation  process and consider with you alternative ways of resolving the issues between you.  At the end of the session, you and the Mediator will come to a decision together as to whether you think mediation is suitable for you.

Why should the mediator have to be approved by the FMC?

Anyone with no training or qualifications can claim to be a family mediator.

FMC approval gives you the confidence that the mediator entrusted with this crucial role has been trained – and is qualified, and fully insured.

What is the mediator’s role after the MIAM?

If mediation is the way forward, the mediator who conducted your MIAM will set up a joint meeting with the two of you

Your chosen mediator will help you both work out key issues such as children contact and support along with dividing assets, property, pensions, and debts.

It can be very helpful in disputes relating to financial issues for you to use an FMC accredited mediator who is also a family lawyer. Although they will remain impartial in the process, they will be able to give you very useful legal information in the mediation, providing explanations as to how the legal process works and the options available to you around your properties, debt, pension, and income.

Where there is a need for you to take your own legal advice, this will be flagged up by the mediator.

Giving couples control over their divorce, mediation can be completed in as few or as many meetings as you need.  These can take place over a few months or, in some cases, weeks.  Depending on the issues, some couples are able to come to agreed proposals in just one meeting.

Findings from the Family Mediation Council highlight that agreements are reached in over 70% of cases of couples undergoing mediation.

I have seen repeatedly how mediation helps separating couples to find an agreed way forward in a constructive, positive manner which avoids going to Court, prioritises children’s well-being – and supports the long-term interests of all those involved.

Read more articles by Jones Myers.

About Nicki Mitchell

Nicki is a partner at Jones Myers Family Law Solicitors. With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

Skilled in mediation and collaborative family lawyer, Nicki is also a Child Inclusive Mediator which enables her to meet with children of separated parents and hear what they want for their future.

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I'm Divorcing - Am I Eligible for Free Mediation Sessions?
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I’m Divorcing – Am I Eligible for Free Mediation Sessions?

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

For separating couples, mediation can be a highly effective way of avoiding a lengthy, costly, and drawn-out Court divorce in which children are often caught up in the crossfire.

To help more couples in this situation, the Government has launched and extended a Family Mediation Voucher Scheme to encourage more people to undergo mediation.

What is the Family Mediation Voucher Scheme?

The publicly funded scheme helps separating couples to resolve their family law disputes outside of Court, giving them up to £500 towards the costs of mediation.

Both people involved need to agree to take part – and only Mediators like me who are authorised by the Family Mediation Council (FMC) can conduct the sessions.

How do I know if I’m eligible?

Most divorcing couples are required by law to attend a Mediation Information Assessment Meeting (MIAM). At this session a qualified mediator assesses whether mediation is appropriate for your individual case – and if you qualify for the scheme.

Eligible cases must involve a dispute or court application involving a child, although the sessions can also cover related issues around finances.

Which cases do NOT qualify for the funding?

  • If you’re applying for a consent order
  • If any children are involved in emergency proceedings, care proceedings or supervision proceedings
  • If any of the children are the subject of an emergency protection order, care order or supervision order

Where there are allegations of domestic abuse, the mediator will carefully assess with the person alleging that abuse whether mediation is suitable.

What happens if I quality?

Your mediator will apply for the voucher funding, paid directly to them when the mediation is concluded. Vouchers are limited and the mediation sessions can be attended together or separately.

Will the £500 cover all mediation costs?

This depends upon the mediator’s fees and the number of sessions needed. The voucher is intended to be a contribution towards mediation sessions.

What happens if the mediation doesn’t work?

You and your ex should take advice as to the options available.  Ultimately, if all else fails, you can make an application to go to Court.

What happens if the mediation is successful?

The arrangements agreed in mediation can be put into a document which is often known as a “parenting plan” which you can then both sign.  This provides a useful record of your agreement.

A parenting plan does not have the status of a court order.  However, court orders are not usually necessary or desirable in children cases.

The law (The Children Act 1989) works on the basis of the “non-intervention principle”. Put simply, the law recognises that parents are much better placed to parent than a court and so orders will only be made where necessary in the best interests of a child.

If you can agree, then an order is often not necessary. An order made when children are young will often become a straight jacket by the time they are older.  It makes sense for you to continue to review what your children need as they grow up, and this is much easier to do in mediation than in repeated court applications.

In our extensive experience, along with speed and cost, mediation helps to minimise the damaging fallout from a separation, enabling both parents and their children to move forward.

For more information on the scheme visit Family Mediation Voucher Scheme – GOV.UK (www.gov.uk)

Click here for more articles from Jones Myers.

About Nicki Mitchell

Nicki is a partner at Jones Myers, a niche, multi award-winning family law firm based in Leeds, Harrogate, and York.

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled mediator and collaborative family lawyer, Nicki has recently further enhanced her extensive expertise by becoming a child-inclusive mediator. The accreditation enables her to meet with children of separated parents and hear what they want for their future.

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Is it True that Mediation can Avoid a Costly Court Divorce
Is it True that Mediation can Avoid a Costly Court Divorce?

Is it True that Mediation can Avoid a Costly Court Divorce?

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Jones Myers is a champion of the campaign which is spearheaded by the Family Mediators Association (FMA). Here are some of the most common questions our clients ask us about the process.

What is mediation?

Mediation is a means of resolving divorce disputes constructively, wherever possible, and avoiding costly, public and stressful litigation in court.

The private and confidential process involves an independent third party, a mediator, who helps you and your ex to reach an agreement. Both of you sign an ‘Agreement to Mediate’ to enable negotiation to continue on a ‘without prejudice’ basis.

What does a mediator do?

The mediator facilitates a series of voluntary discussions – assisting and guiding you both to explore and discuss issues and helping to move dialogue forward. A successful outcome results in an agreement which is formalised into a binding court order without you having to go to court.

Can I keep my own solicitor?

Yes, mediation enables you both to retain your own solicitor who you can consult outside of the meetings.

What happens if the mediation talks are deadlocked?

Because mediation is a voluntary process, talks can be concluded at any time if headway is not made.

Can mediation save on legal expenses?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged divorce cases between warring couples.

I’ve heard its compulsory – is this right?

Mediation is a voluntary process and is not compulsory. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which couples are expected to attend before court proceedings are issued. These meetings are designed to inform both parties about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

When is mediation not relevant?

We recognise that mediation won’t work for all cases including those relating to domestic violence or child abuse where one or other party may take the view that a mediation meeting is not appropriate.

It is vital that all couples find the right way to divorce for their own individual circumstances. Jones Myers can refer you to a mediator and can offer you support and legal advice to help you prepare for, and achieve, the desired outcome from the mediation.

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

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How Does Mediation Work

Ant Wants Mediation, Lisa Wants her Day in Court – How Does Mediation Work?

Published on
Family Lawyer
Peter Jones
Founder of Jones Myers
Family Solicitors

The high-profile divorce between Ant McPartlin and his estranged wife, Lisa Armstrong, rumbles on with Ant keen to hold further mediation talks but Lisa appearing to be bent on having her day in court.

While Ant is looking to avoid a very public and fractious court divorce, Lisa is reported to prefer this route because half of the TV presenter’s £62 million fortune is ‘not enough’ for her.

Although now looking highly unlikely, a fresh round of mediation talks on how the £62 million is divided would take place between the former spouses and a mediator behind closed doors.

As this high-profile divorce rumbles on, here are some key questions about mediation:

What is mediation?

Mediation is a means of resolving divorce disputes constructively, wherever possible, and avoiding costly, public and stressful litigation in court.

The private and confidential process involves an independent third party, a mediator, who helps you and your ex to reach an agreement. Both of you sign an ‘Agreement to Mediate’ to enable negotiation to continue on a ‘without prejudice’ basis.

What does a mediator do?

The mediator facilitates a series of voluntary discussions – assisting and guiding you both to explore and discuss issues and helping to move dialogue forward. A successful outcome results in an agreement which is formalised into a binding court order without you having to go to court.

Can I keep my own solicitor?

Yes, mediation enables you both to retain your own solicitor who you can consult outside of the meetings.

What happens if the mediation talks are deadlocked?

Because mediation is a voluntary process, talks can be concluded at any time if headway is not made.

Can mediation save on legal expenses?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged divorce cases between warring couples.

I’ve heard its compulsory – is this right?

Mediation is a voluntary process and is not compulsory. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which couples are expected to attend before court proceedings are issued.

These meetings are designed to inform both parties about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

When is mediation not relevant?

In cases relating to domestic violence or child abuse one or other party may take the view that a mediation meeting is not appropriate.

Click here for more articles by Peter Jones

About Peter Jones 

 Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

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Reasons to Choose Mediation over Divorce

Reasons to Choose Mediation over Divorce Court

Published on
Elizabeth Bilton
Elizabeth Bilton
Accredited Mediator and
Qualified Solicitor for Midlands Dove

When relationships run into difficulty, it can be only too easy for negative emotions to take over and to be the primary driving force behind decisions which will have long-term consequences not just for the people involved but for the people around them.

Even if there are no children to consider, the effect of a divorce can spill over onto family and friends.

This is even more likely if the couple moves straight to the courtroom “without passing go”.

While family courts do generally try to take a gentler approach than their counterparts in other areas of the law, even they can bring out the combative side in people, which can end up producing undesirable consequences.

Going to mediation as a first step may not save the relationship (although, in some cases that may be possible), but it does bring many benefits.

Emotions are acknowledged and managed

Mediators do not attempt to eliminate all emotion from the sessions that would be unreasonable and arguably impossible. Instead, they work to ensure that emotions are acknowledged but managed. They aim to stop people from being consumed by negativity and keep them focused on what is in their long-term best interests

Discussions are kept confidential

Courtroom proceedings are, generally, open. There are a very few exceptions to this, but they are highly unlikely to apply in standard divorce proceedings. The openness of courts is integral to the ideas behind them.  Basically, it’s not only that justice needs to be done; it needs to be seen to be done in a fair and reasonable manner.

This approach has a lot of benefits overall, but it may not be ideal in a divorce situation, especially if children are involved as it can result in them finding out information their parents would prefer them not to know, at least not now.

Even if children are not involved, there may be many other reasons for preferring confidentiality.

Sessions can work to a much shorter time-frame than a court

In simple terms, the more people need to be involved in a situation, the more challenging it can be to find a time when everyone can get together.

Courts involve multiple people whereas mediation sessions, in principle, only involve three people (the couple and the mediator). Added to this is the fact that mediators do not necessarily have to treat each issue raised with the depth which would be expected in a legal situation.

There is great flexibility

Obviously, any agreed outcome has to be compliant with the law, but otherwise whatever is agreed between the couple is entirely down to them. As an added benefit, outcomes do not have to be “set in stone” the way they often are in legal proceedings. Couples can test them and make adjustments as mutually agreed.

The cost of mediation can be much lower than going straight to lawyers

For all of the above reasons and more, the cost of mediation can be substantially lower than the cost of going straight to lawyers.

What’s more, if the couple do end up divorcing, they can simply pay lawyers to formalise the agreement created by the mediator, rather than paying them to create a brand new agreement.

Click here for more articles by Elizabeth Bilton

About Elizabeth

Elizabeth Bilton is an accredited mediator and qualified solicitor for Midlands Dove, with a specialism in family law disputes.

Elizabeth is one of only a few Mediators in the UK with an appropriate FMC accreditation to sign off on MIAMs required by the Family Court prior to an application being issued.

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Five Modern Myths about Family Mediation

Published on
Elizabeth Bilton
Elizabeth Bilton
Accredited Mediator and
Qualified Solicitor for Midlands Dove

Mediation is essentially a safe environment for two people to air, discuss, and hopefully resolve their difficulties.

It is facilitated by a mediator, who is there, essentially to “chair” the meeting, in other words to keep it on track and to ensure that both parties have a fair and equal chance to speak and to be heard and likewise to listen to what the other party has to say in their turn.

They are not referees and definitely not judges. There seems to be quite a bit of confusion about family mediation so here are 5 “urban myths” on the subject along with the hard facts.

Mediation is the same as counselling

Counselling focuses on finding the reasons why a relationship is in trouble and tries to determine what change needs to take place in order to save that relationship (or to minimize the damage to the parties as they separate).

It can be extremely valuable, but it is usually a long-term process involving the recognition of a need for change. Mediation simply accepts the current situation as is, without judgement, and looks to find a way for both parties to move forward with their lives.

Mediation is about finding a way for couples to reconcile their differences

As previously mentioned, mediation is about couples finding a way forward. It may result in couples agreeing to reconcile their differences, but there are many other possible outcomes to the mediation process.

In short, mediation is not a way to “get your partner back” any more than it is a way to “get back at your partner”. It is basically intended to be a way to have a meaningful conversation with your partner.

Mediation can be legally enforced

In and of itself, mediation is just a framework in which to hold a productive conversation on a given topic (or topics). You may choose to convert any agreements made into a legally-binding format but that would be up to you (and your partner).

Mediation can be held against you in court

You and your partner can choose to tell a judge that you have been to mediation and agreed a route forward which you would like to present for their formal approval.

The judge does not have to agree to it, but would probably require a very compelling reason not too (such as reason to believe that one partner had been coerced into an unfavourable arrangement). If, however, you are unhappy with the result of the mediation process, you can simply put the whole situation into the hands of the judge, who will take it forward.

Mediation is a substitute for legal advice

You could argue that there is a certain degree of truth in this in that couples with minimal assets and no children might just agree a way forward in mediation and choose to proceed in court on that basis, but where there are significant assets to be divided and/or children, then it is generally very much recommended to speak to a lawyer as well as to a mediator.

About the Author

Elizabeth Bilton is an accredited mediator and qualified solicitor for Midlands Dove, with a specialism in family law disputes.

Elizabeth is one of only a few Mediators in the UK with an appropriate FMC accreditation to sign off on MIAMs required by the Family Court prior to an application being issued.

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Start the Divorce Process

How to Start the Divorce Process

Published on
Women and Divorce
Wendi Schuller
Author of
The Global Guide to Divorce

In April 22nd, 2014 a change was made in Family Law to have a couple attend a mediation information and assessment meeting (MIAM) to see if mediation is a viable option for them as a divorce process and as a possible way of avoiding court altogether.

A mediator can put in writing that a couple attend a mediation interview, but are choosing litigation instead.

During divorce, a judge may send spouses to mediation to negotiate just one aspect of it, such as child arrangements or finances. A mediator does not provide legal advice, even if he/she is a solicitor.

One can obtain the required divorce forms to apply for divorce from the court. The clerks will give out the correct forms but do not dispense legal advice. The Ministry of Justice website www.justice.gov.uk also has the necessary forms.

The Citizens’ Advice Bureau (CAB) is able to give some generic advice or steer one to a specialist who can be of assistance. CAB has an informative web site www.citizensadvice.org.uk.

There are various online divorce kits for simple divorces. It is still prudent to have a solicitor check over these forms before submission. In Scotland the sheriff’s court has these forms and the CAB will assist you in filling these out.

Before starting divorce, you may want to ascertain that your name is on the house deed by contacting the Land Registry, if you are unsure. If it is only in your spouse’s name, then you can register your interest in the house. For a small fee, the Land Office can do a search for the title number and send you a form to show your rights to co-own the house.

Pre-divorce, speak to a solicitor first to make sure you are not doing anything to compromise a divorce. She may advise you not to move out of the marital home or other actions. She can prevent the other spouse from getting rid of community assets or liquidating a joint bank account.

Criteria for Divorce:

  • A couple must have been married for a year in England and Wales before a divorce petition can be filed.
  • In Scotland there is no minimum time to be married before initiating divorce.
  • In Northern Ireland the minimum time is two years before divorce proceedings.

Domicile is the country where one has an attachment or connection, such as by birth. It can be where you have a passport or your family resides.

One can be living abroad and still get a divorce in the UK. An English couple working in Los Angeles can still have their divorce proceedings through the English court, because they are domiciled in the UK. If the divorce is not contested (disagreed upon) then neither has to appear in court and their solicitors can handle the divorce from afar. Neither spouse can have filed in another country first.

Habitual residency is the place where you live and work. One does not have to have been born in that country, but now has long-term ties to that locale.

If a person from India has lived in London for many years, she is entitled to file to a divorce in England. It does not matter that she makes trips back to Delhi every year to visit family, because her life is in London. In England and Wales the minimum time of habitual residency before being able to initiate divorce is one year.

Jurisdiction is the geographical area that has legal authority to hear a case. If ones lives in Leeds that is the place where the divorce petition is filed, not in a different city such as Manchester. One initiates divorce where one lives or has domicile. This is the location where one has habitual residency.

Two Americans were studying in Cambridge and got married in this country. They lived in the Cambridgeshire area for three years before returning to the States.

After two years there, they decided to divorce. Even though they married in England, they no longer have habitual residency so would have to be divorced in the US. Had they decided to divorce before leaving England, they could have gotten a UK Divorce. They were married and had residency in England for over one year.

Getting Started with Divorce in the UK:  

In England and Wales, the person filing for divorce is the petitioner and in Scotland it is the pursuer. The other spouse is the respondent in England and Wales and the defender in Scotland.

The process of divorce commences when the petitioner files the divorce petition to the court. Included with the petition is:

  • Marriage certificate
  • Issues of divorce with one of the grounds
  • What you want to receive financially

How to start divorce processIf the couple has children then a Statement of Arrangements must also be sent which includes:

  • Where they now live and future visitation plans
  • Their school and any educational or after school needs
  • Any child support requested
  • Any disability or health requirements
  • A Parenting Plan may be attached

The spouse must formally be served these papers in one of these ways:

  • The court posts these papers to your spouse adding the Acknowledgment of Service You or your solicitor will be notified if they are returned back to the court as undeliverable.
  • A bailiff can serve the divorce papers directly to your spouse. A certain form is filled out and a fee is collected for this service.
  • One can pay a private processor to find the spouse and serve the papers.
  • In Scotland there is no Acknowledgement of Service sent to the defender (respondent) spouse. They receive the initial writ from the court containing the grounds for divorce, arrangements for children, and finances. If the other spouse disagrees with any of these, then they fill out a Notice of Intention to Defend form and return it to the court.

The respondent has a week to respond and to send an Acknowledgement of Service to the court verifying that it was received and contains the following:

  • If he/she consents to the divorce
  • Objects to anything in the petition
  • Agrees or disagrees with Arrangements for Children

The respondent has twenty-eight days to file an answer if he intends to defend (contest) the divorce. He can file a ‘’cross petition’’ if he feels that the marriage is over, but not for the reason that the petitioner stated in the divorce petition.

After the respondent returns the Acknowledgement of Service to the court, a copy is posted to the petitioner or their solicitor.

`The next step in the divorce process is the petitioner files an Affidavit with the court. This is a sworn statement that is done before another solicitor (not yours) or a court official which verifies that the signature on the Acknowledgement of Service form is that of your spouse. Also you confirm what is in the Divorce Petition is correct.

Both spouses fill out the incredibly detailed, twenty-eight page Form E or Statement of Means, and give it to the court and the other solicitor. If there is to be a court hearing, then Form E is to arrive thirty-five days ahead of time. This form is a disclosure of what one’s assets are and copies of financial records are attached to this sworn document. Mediation and collaborative divorce may use Form E to collect financial data.

Questions included in Form E or Statement of Means are:

  • Standard of living you had during your marriage and what you expect post-divorce
  • What debts you have and what is owned to you
  • Income needs for yourself and children residing with you
  • Lists of investments, bank accounts, pensions with account numbers, companies and amounts
  • Insurance with surrender value
  • Properties and their worth
  • Cars and other household assets and their value

In Scotland there is no Form E or formal disclosure document. When the spouses come to a financial agreement, the signed statement is registered in the Book of Council and Session in Edinburgh.

If there is a financial change of circumstance post-divorce, then an alteration to this agreement can be made. The Statement of Means or Form E, is not used in Northern Ireland, but rather the court asks for similar financial disclosure at the preliminary hearing.

A judge goes over the paperwork including the Statement of Arrangements for Children. If he does not have any questions and approves of the paperwork, then a Certificate of Entitlement to a Divorce Decree is issued. He posts a copy to the Petitioner giving the date of when the Decree Nisi will be issued.

No court appearance is needed for this provisional decree. The Decree Nisi is issued in the middle of the divorce proceedings. In Scotland there is no Decree Nisi.

The petitioner must wait six weeks and a day before the Decree Nisi is made absolute. The Decree Absolute is not issued automatically and must be requested.

This interim period gives time to work on any financial or child arrangements before the divorce is finalized. The spouses may be sent to mediation to negotiate either child or financial arrangements before the divorce is finalized.

If the petitioner does not apply for Decree Absolute within four and half months, then the respondent is free to do so. If neither has applied for this within a year, then a judge may mandate an explanation of why there was such a long wait. When the Decree Absolute is issued, then the divorce is finalized.

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

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Family Mediation, Collaborative or Litigation

Family Mediation, Collaborative or Litigation – Which Divorce Process is Best for You?

Published on
Women and Divorce
Wendi Schuller
Author of
The Global Guide to Divorce

There are different ways to get divorced to fit individual needs and circumstances.

With family mediation, divorcing couples are required to have a Mediation Information and Assessment Meeting or MIAMS to cut down on the cases going to court.

Mediation is particularly helpful for spouses who want to reach their own agreement without the help of divorce lawyers as well as keep the door open for a good relationship post-divorce.

Negotiating can be like a dialogue where husband and wife explain the rationale behind their requests, such as in dividing assets.

They are in control of their outcome with the mediator’s guidance. Although many mediators are also solicitors, they do not give legal advice to either party.

Family mediation can be completed in as few as three sessions and the cost is much lower than in collaborative or litigation process. People who are motivated to work together in discovering a mutually acceptable resolution do well with mediation. Each person can consult with their own solicitor between sessions before signing anything.

Some people who are divorcing difficult spouses may feel more comfortable having their own solicitor during proceedings, as in collaborative divorce.

They have their own personal advocate to guide them through negotiations and look out for their interests. While the collaborative solicitors represent their own clients, they work together as a team to ensure a fair settlement for each party.

We had a collaborative divorce and I still liked my husband’s solicitor when it was finalized. He even gave me ideas for financial help when his client refused to pay any university expenses for our sons. That would not be happening in litigation.

Collaborative divorce brings in experts as needed, such as a financial advisor. Collaborative costs more than mediation but is much less than litigation. Many high profile couples prefer the privacy that is part of the collaborative type of divorce.

There are times where litigation is the way to go.

This is particularly true in abuse cases where a spouse is not going to negotiate face to face with their tormentor.

I interviewed people who divorced spouses with personality disorders and they only felt safe in a court room. Leaving their fate to a judge was just fine for their situations. Hiring a barrister for court and the lengthy proceedings is the most expensive type of divorce.

The court is adversarial in nature and can become a battlefield. Friendlier divorces, such as the first two, make it easier to maintain ties with one’s ex.

Family Mediation, Collaborative or Litigation
Family Mediation, Collaborative or Litigation – Which Divorce Process is Best for You?

The First Directions Appointment (FDA) is the first meeting with spouses and solicitors before a judge who shows what the gaps are in the evidence presented. The time frame for future hearings is set, although they can be cancelled if compromises are reached.

When there are children, Children and Family Court Advisory and Support Service (Cafcass) may interview them and pertinent people to give a report to the judge.

When parents cannot agree, a judge can issue a Residence Order stating with which parent a child will reside, and the Contact Order is the amount of time that the non-resident parent can see them.

Midway through divorce the Decree Nisi is granted.  Spouses work with their solicitors or barristers to complete their financial arrangements in the Consent Order. Witnesses may be called for the Final Hearing where a judge makes a ruling. A decree Absolute is issued and this finalizes the divorce and both are free to get remarried.

For those without children who want a simple and cheap divorce, there are online companies that provide forms and guidance.

Do research to find reputable company who provides solicitors to go over completed forms to ensure all is in order and a clean break is done without any further financial ties.

Another form of DIY divorce is having a court clerk help one to complete necessary forms. Several did this and later met with a judge. Their spouses were amenable to this process, readily agreed to the splitting of assets and signing the forms.

Whatever type of divorce is done, there are aspects which are the same.

A divorce is granted for ‘’Irretrievable Breakdown’’ with one of the following grounds: Unreasonable behaviour (most common), adultery, two years of separation with both parties consenting to divorce, if they have lived apart for five years, or for desertion.

Both parties have to fill out Form E which is complete financial disclosure. After parents have worked out where the children’s primary residence will be and other issues then a Statement of Arrangements for Children is written.

With the different types of divorce, if a couple gets stuck on an issue they may be sent to a Family Arbitrator.

The arbitrator listens to both parties and has more flexibility than a judge would have in deciding an outcome. Their decision is binding. This speeds up court proceedings. Mediators and collaborative solicitors can send clients to arbitration to get an issue resolved more quickly when clients just cannot compromise. This gets the divorce process back on track.

There are resources available to help you during divorce such as divorce support groups, MeetUp.com, workshops and weekend retreats.

Churches are realizing that divorce is happening and are also having their own seminars. Divorced people gave me valuable recommendations and advice during my acrimonious one.

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

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How to Generate Extra Income as a Family Lawyer by Becoming a Family Mediator

Published on
Austin Chessell www.thedivorcemagazine.co.uk
Austin Chessell

Legal Aid may have gone for a lot of Family and Children legal matters but there are still other avenues to consider to complement your Family Law background.

In this article Austin Chessell from FAMIA will share his experience of how to move into Family Mediation and some of the challenges and liabilities he faces as a Family Mediator.

Shifting the Weight of your Experience:

What training, soft skills and otherwise, do you need to develop as a family practitioner in a post Legal Aid Sentencing and Punishment of Offenders world.

I have been involved in the field of Family Law sector since 2005.

In 2010 I wanted to not just work as a Family Solicitor.  I wanted the challenge of working with separating couples not just individuals.  I wanted to work with separating couples that focused on the families’ interests rather than having fixed positions.

I looked into how this could be achieved and decided to train as a Family Mediator.  A lot of Family Solicitors or Counsellors move into the field of Family Mediation.

Five years on I am now doing more work as a Family Mediator than as a Family Solicitor.

The foundation training costs around £2,500. If your firm is not willing to pay this then you might wish to consider funding this yourself and then being reimbursed when you start to see clients.

Once you have started to mediate then you can build on your mediation knowledge. A lot of the families I work with have an international element to their issue so it is important to keep up to date in this area.

If you enjoy working with children then you should consider doing the Direct Consultation with Children course.

Once you complete your accreditation you may want to be a supervisor and undertake Professional Practice Consultant (PPC) training.  I completed the PPC training last year and I am working with several supervisees who are working towards accreditation.

An Out-of-court Options Update

I am working with several families at the moment in mediation where they feel that communication has broken down and also one or both of them feel that there is no trust.

The first session was used for the separating couples to discuss strategies on how communication and trust can be worked on and improved even before we started to discuss childcare and financial matters.

becoming a Family MediatorThe courts are becoming aware how important a role Family Mediators can play in helping to resolve family matters out of court. I am involved with schemes at the Central Family Court and Barnet Family Court where, for cases having the first hearing, the courts are trying to encourage the separating couple to try mediation if both clients are willing and the matter is appropriate for the mediation process.

I am pleased that I went on an online mediation training course with Stephen Anderson. I am getting more and more clients where one client is not based in London. I have used Skype for clients.

Last month I did a Skype mediation for a client based in Ireland who had a disability and another case where a mother lives in Hong Kong to focus on financial and children matters. Make sure you do a test Skype mediation call before the actual mediation if you are doing a Skype mediation session.

I notice more recently that Solicitors are looking at ways to regularly work with mediators. I am part of the scheme with Dialogue First where clients choose this process. The clients have a Solicitor assigned to them. The clients can then seek legal advice from their Solicitor after each Mediation session.

Clients come to mediation having a general knowledge that if they can resolve matters in mediation it is generally a cheaper, quicker and less adversarial process than going to court. The last few years clients seem to be more informed of what mediation is and how it works before I meet them.

If mediation does not resolve on every matter then there is the possibility for the matter to be referred to arbitration if both clients want this to happen for a binding decision. I am looking forward to discussing Family Mediation and Arbitration with Charmaine Hast from Wedlake Bell on 16th March at the Solicitors Journal live event.

 The Unbundling of Services: Challenges and Liabilities

In mediation you ask screening questions with each client at the start of the process to try and establish which cases are not appropriate for mediation.

Recent examples of mediation matters that have not proceeded are where one client to the mediation process did not want to make a full financial disclosure of their assets and the other client believed that some assets were being hidden.

Becoming a Family Mediator

It can also sometimes be a challenge where one client wants to see you for a shortened Mediation Information Assessment Meeting (MIAM). If a client has attended a MIAM before with another service then I may do a shorter MIAM but if it is a client who is new to mediation I explain that most clients I see for a MIAM to do it properly takes around 45 minutes to an hour.

Some mediation cases where Lawyers are present, it is sometimes a case of if the clients need some space with just them and the mediators and no Lawyers to let the Lawyers know this. You need to do what is right for the clients.

Most of my Family Mediation cases work on the model of 90-minute joint sessions but half a day and full day mediation sessions are possible if the clients have a court case taking place very soon.

It can be quite expensive at the start of the mediation journey with the mediation foundation course fee and regular supervision meetings.

It takes time to build up a mediation caseload. Find time to create a plan of how many clients you would like to work with and decide what action and networking needs to be done to achieve this.

My plan is always changing but if you have a plan you have something to aim for. Marketing can often take place outside of work hours so if you are attending breakfast events or late night networking, aim to attend events that you enjoy being at. I tend to find having a chat with one to two people works better rather than going round the whole room to aim to speak to everyone, but again you need to find a networking strategy that works for you.

I am now working at a fixed office in Angel at the Business Design Centre for Family Mediation meetings. Five years ago I used to rent rooms in offices over several offices across London. This was good initially to keep the room hire costs down but I found that a lot of time in the day would be lost travelling from North, East and Central London so I now aim to get clients to meet me at one location.

Make sure that you have mediation insurance in place and that you have the right level of cover especially for financial mediation matters.

Other Areas of Law that Family Practitioners could Work in to Strengthen their Skillset

I have been able to diversify my Family Law skill set by undertaking training to become a Collaborative Family Solicitor and Family Mediator.

I want to be known as a specialist Solicitor and Mediator. A lot of clients when they come to you, want to work with someone is a specialist in their area. I think it is harder to get this message across if you work in lots of areas of law.

In Family Law I work within the areas of divorce, finances, children, relocation, pre-nuptial and post-nuptial agreements, domestic violence and child abduction.

In Family Mediation the matters, I tend to cover are how the divorce will commence and who is the Petitioner, childcare, finances, direct consultations with children, grandparents wanting to see their grandchildren and also LGBT families.

Thinking Ahead if you want to Become a Family Mediator

If you are thinking of becoming a Family Mediator do your research.  Make sure that the foundation course you are signing up for will be recognised when you apply for accreditation.

Before you start to mediate you will need to observe some mediations and also do some co-mediation hours. See what opportunities are available for this. I found that I had more opportunities to observe and co-mediate by contacting mediation services outside of London.

Try to find a PPC who you are comfortable working with.

When I started mediating, I found that I had to ask a lot of practical questions and when I started mediating with clients the questions I had were more about dealing with the client and the process. Make sure that the PPC has time to supervise you as sometimes you may need to speak to the PPC urgently.

If you do not have enough cases to be accredited then you might need to consider whether you charge mediation clients less than other local mediation practices or co-mediate on a pro-bono basis with an established mediator.

Once you become accredited a lot more opportunities become available. Getting the accreditation for me has been my biggest challenge as a mediator. It took around two years for me to get the required cases for the portfolio.

If you are from a legal background you may want to consider going on a level 2 and / or 3 Counselling diploma course. I found this course very helpful when writing up my reflections for the mediation portfolio.

I have written several Family Mediation updates for Solicitors Journal since 2011 covering some of the above in more detail. These articles should still be available on the Solicitors Journal website to help with your Family Mediation journey.

About Austin

Austin Chessell is an accredited Family and Child Mediator at FAMIA (www.famia.co.uk) across Inner and Greater London. Austin is also a Professional Practice Consultant.

Austin is a Collaborative Family Solicitor at Feltons Solicitors in Knightsbridge.

Twitter @FamilyLawLondon

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Can I get Legal aid for family mediation
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Can I get Legal Aid to cover Family Mediation Costs?

Published on
Legal Aid UK
Glynne Davies Family Mediator

In this interview (scroll down), Family Mediator Glynne Davies, speaks of the divorce process UK and how legal aid can help those unable to afford the costs of the divorce proceedings.

When wondering how to get a divorce, you may want to consider family mediation.

Glynne answers the following questions:

  • Is legal aid still available for family mediation when going through a divorce?

Yes.   It is but not subject to any domestic abuse criteria. It’s simply a question of whether someone is financially eligible for legal aid.

  • At what point does one become eligible for legal aid?

There are two thresholds:

Capital threshold and Income threshold.

Capital threshold takes into account the value of equity in the family home as well as savings and valuable possessions. If you pass that capital threshold then you go on to look at the income threshold which includes looking at any benefits you may get getting.  If you are on what’s called a passported benefit – which is income related, job seekers allowance, ESA or guaranteed pension credit, then provided you’ve passed the capital threshold, you are passported through and will automatically make you eligible for legal aid.

If you are not on a passported benefit, then there needs to be a calculation done of your gross monthly income, any allowances that you might have that can be deducted from that, such as housing costs, children’s dependent allowances and the magical figure that you’re looking for is £733 at the end of that.

  • Does it cover both financial issues and children issues?

It covers both aspects. It covers anything that could be made into an application to the court under a family law remit.

  • What is legal aid?

For the purposes of mediation, it covers all costs that would be associated with the mediation process. Family mediators get a pot of money from the legal aid agency that covers the Mediation Information Assessment Meeting (MIAM), the mediation sessions and the preparation of documents as an outcome of that mediation

  • What if only one of you is eligible?

If the eligible person comes in first, so that when you see the second person for a MIAM, you already know that one person is eligible or if they come in together, and you assess the first person as eligible, then the other person, gets the MIAM meeting totally free of charge and also gets the first session totally free of charge.

This can be very helpful when talking about children’s issues or arrangements for the children because although most financial or all issues mediations take several sessions, it’s quite common for children’s issues mediation to be resolved or largely resolved in that first session.

So you could end up with a person that’s not eligible, they could even be a multi-millionaire, they would still qualify for that free first session and that could mean that both parties would have free mediation that could possibly be resolved in that first session. A big caveat, that’s relating to children’s issues only.

Other questions answered include:

  • What proof do I need to bring to show that your entitled to legal aid?
  • What is a MIAM and what role does it play in family mediation?
  • What do I need to bring to the MIAMS meeting?

Glynne Davies has been a fully accredited Family Mediator since 2004. She became a Professional Practice Consultant in 2009, and a member of the Local Family Justice board since 2010.

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child maintenance and child support

Child Maintenance and Child Contact: How some Parents are Adopting a ‘pay per view’ Attitude to their Children

Published on
Katie McCann
Katie McCann
Head of Family Law and in-house counsel at Kuits Solicitors

When a couple split up they are likely to have a tough and emotional time whilst coming to terms with the fact that their relationship is over.

For couples with children, this period is destined to be even more challenging, as they will also have to focus on making the necessary arrangements to ensure that their little ones adapt to the situation and have their needs catered for moving forward.

Decisions will need to be made, amongst other things, about how much contact the children will have with each parent, their living arrangements and what financial support will be given by way of child maintenance payments.

These topics can naturally be quite difficult to discuss and it is quite common for disagreements between the parents to arise.

The Child Maintenance Options online calculator is an excellent tool that allows parents to input the information relevant to their situation before generating the appropriate child maintenance figure that should be paid monthly.

When a child maintenance agreement cannot be reached between the parents, the Child Maintenance Service can act as an intermediary between them. The fees for using the government-led scheme include a £20 application fee, a 20% collection fee on top of the maintenance figure (to be paid by the paying parent), and a 4% enforcement fee which is deducted from the child maintenance. Such fees should ideally work to deter parents from using the service and instead they should attempt to reach such arrangements themselves.

As mentioned above, another significant agreement that must be reached is in relation to the children’s living arrangements and how much time they will spend with each parent.

Sometimes this can be simple to work out and children may split their time equally between two houses, or perhaps have one parent’s house as their base whilst going to stay with their other parent every other weekend. When such arrangements can be made amicably, it is hugely beneficial for the children involved. After all, suddenly having two homes can be a big enough change, without the children having to experience a sense of conflict when their parents cannot agree on an appropriate parenting plan.

Unfortunately, when child arrangements cannot be agreed following divorce and separation, it is often fathers who feel as though they are mistreated.

Although there is certainly no legal presumption that mothers should determine their children’s schedules, sadly this can often happen. Due to this there are several support and action groups who are fighting for a presumption of equal parental contact post-separation.

Whilst the above campaign is an extremely honourable one, care must be taken to ensure that the issue of parental contact is kept separate from other child-care issues.

child maintenance and child contact
Ensure that the issue of parental contact is kept separate from other child-care issues.

Unfortunately the opposite is encouraged by some support groups. By way of example, ‘New Father 4 Justice’ (which, importantly, should not be confused or affiliated with ‘Fathers 4 Justice’) claims that they strongly support the non-payment of child maintenance by those who are being denied access to their children.

There is no doubt that being refused child contact is one of the hardest and most excruciating things that could happen to a parent; however, the above attitude is extremely damaging. To actively encourage fathers who are not seeing their children to stop providing financially for them only serves to increase tensions at a time when they are, no doubt, already sky-high.

Aside from the fact that it will be to the children’s detriment if maintenance is not paid, it is also important to note that financial support – although it does not automatically entitle a parent to contact – is a legal duty. Contact and maintenance are two separate issues and therefore should not be merged together to encourage a ‘pay per view’ environment.

As explained on the Child Maintenance Options website, whilst it is certainly important (when safe) for both parents to have an active role in the children’s lives, it is important that access should not be used as a bargaining tool for negotiating child maintenance and vice versa.

If a parent is being refused contact to their children, they should continue to make child maintenance payments whilst trying to resolve the issue.

Although some parents may find making payments at such a time challenging, they should try and remember that the children’s welfare is the priority and it will be them who suffer if the maintenance is not paid. The suffering parent can then try and negotiate contact with their unwilling ex-partner, although sometimes this will not be possible.

In such a situation, mediation should be the next port of call.

Mediation is an extremely effective and reasonably inexpensive way of trying to sort such disagreements out – so much so, that attending a MIAM (mediation information meeting) is now a compulsory preliminary step for those wanting to issue court proceedings. At mediation, an independent third party will try to guide the parents to reach a child arrangement that they are both happy with.

If mediation is unsuccessful, an application to court can be made for a child arrangement order as a last resort. Naturally, court proceedings are expensive and, often, physically and emotionally stressful, and should be avoided if possible. Unfortunately however, in some circumstances, court will be the only option and a judge will make a decision in the children’s best interests.

Whichever method is used to try to arrange child contact, parents must remember to stay focused on the children and remember that withholding maintenance payments will only negatively impact the children that they care so much about. It is also worth remembering that, by continuing to pay maintenance whilst being refused child contact, parents are showing their ex-partners that they are willing to do the right thing all of the time – not just when things go their way.

Katie McCann is head of family law and in-house counsel at Kuits Solicitors in Manchester City Centre. She has a special interest in resolving high value relationship breakdown disputes.

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