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Emma Morris new Legal Director at Burgess Mee
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Emma Morris new Legal Director at Burgess Mee

Published on
Emma Harris
Emma Morris
Legal Director
Burgess Mee Family Law

Emma, who has joined Burgess Mee from Ince (formally Gordon Dadds), will focus on high net worth matters, financial settlements and complex children work. She was previously a partner and head of department at Rooks Rider Solicitors, having joined Wedlake Bell as a solicitor specialising in family law upon qualification in 1995.

Emma has had many reported cases including being one of the first (if not the first) to obtain a Civil Restraint Order in an ancillary relief case. Her clients include entrepreneurs, sports people, people in the entertainment industry, professionals, and those with trust interests. She is a member of Resolution and a trained collaborative solicitor.

Antonia Mee, partner and co-founder of Burgess Mee, said: “Emma brings a wealth of invaluable experience to Burgess Mee, having worked on some of the most complex, often high-profile, family law cases. Her appointment will enable us to provide additional strategic support of the highest quality to our clients.”

Emma Morris said: “I’m excited to be joining Burgess Mee, which has a stellar reputation for excellence and innovation in terms of its client work and service as well as the firm’s culture. I look forward to working with the team to further develop the practice, as we help clients to achieve the optimum solution to whatever family or divorce issue they may be facing.”

Burgess Mee, which this year celebrates its tenth anniversary, was commended in The Times’ Best Law Firms 2023, and named London Law Firm of the Year at the LexisNexis Family Law Awards 2022 and Best Boutique Family Law Firm at the 2022 eprivateclient Excellence Awards.

Click here for more articles by Burgess Mee Family Law

About Emma Morris

Emma is the new legal director at Burgess Mee Family Law. Her clients include entrepreneurs, sports men and women, those in the entertainment industry, professionals and those with trust interests.

Emma has had many reported cases to include being one of the first (if not the first) to obtain a Civil restraint Order in an ancillary relief case.

Legal 500 has recognised Emma – “admired for her sound judgement and client skills”, “and extremely experienced and exemplary tactician”.

Chambers and Partners note that she  “works towards resolution not whipping up fees”

Emma is a member of Resolution and a trained collaborative solicitor.

About Burgess Mee

Burgess Mee Family Law is an award-winning firm offering the full range of family law and private client services from three offices across London. Founded in 2013 by Antonia Mee and Peter Burgess, Burgess Mee offers high quality, bespoke family law and private client advice and service whilst being more cost effective than its City competitors.

The firm comprises 26 fee-earners (including six partners) from leading firms in and around London. All solicitors belong to Resolution, which promotes the constructive settlement of family matters.

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Divorce & dissolution and financial remedy – how to prepare for your initial meeting with a family solicitor
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Divorce & dissolution and financial remedy – how to prepare for your initial meeting with a family solicitor

Published on
Hannah Coupe
Solicitor
Burgess Mee Family Law

Once an individual has made up their mind that they are going to separate from their spouse or civil partner, their attention may turn to instructing a solicitor. Whilst this is not necessarily the best way to proceed for everyone, and individuals should first consider whether their case might be suitable for mediation (which can be a quicker and cheaper way of resolving disputes), many individuals do end up taking this step.

Going to meet a family solicitor for the first time can be a daunting prospect, particularly because of the personal nature of what you are going to discuss with them. To try and help reduce any anxiety about this meeting, set out below is a summary of what you can expect to discuss with your solicitor at that initial meeting and what it might be helpful to have thought about and prepared ahead of time.

What you will discuss

  • What you would like to achieve;
  • Basic details about your spouse and any children of the family;
  • What has brought you to this point;
  • Your solicitor will explain how any divorce or dissolution will proceed alongside resolving the financial aspect of your separation and the arrangements for any children;
  • The overarching principles surrounding the above, which will inform the advice your solicitor provides to you; and
  • Your solicitor will provide advice regarding the likely timeframe to achieve your objectives.

Things to have prepared

  • Your solicitor will ask you to provide some key dates regarding your former relationship, such as:
    • When you commenced your relationship;
    • When you started living together; and
    • When you consider that the marriage or civil partnership ended.
  • A brief explanation of why the relationship broke down. It is helpful for your solicitor to have this background information so they can support you properly through the process and be aware of any relationship dynamics which might affect how they manage your case.
  • A brief summary of your financial assets. You will usually complete in-depth financial disclosure with the help of your solicitor. However, at your initial meeting, it is helpful to have a broad overview of what the assets are in the case. Perhaps make a bullet point list of yours and your spouse/civil partner’s assets and provide a rough value for each asset (you do not need to bring any supporting documentation with you to your first meeting). Some solicitors use an onboarding questionnaire to do much of the fact-gathering in advance, which means your first meeting will be that much more cost-effective and can concentrate on the advice. Generally, though, you should consider the value of the following assets:
    • The family home (and the value of any outstanding mortgage);
    • Any other properties you own;
    • Other assets of value such as cars, jewellery, watches, art etc;
    • The balance of bank accounts, savings accounts and the value of investments;
    • Any business interests (and start making available the last set of accounts); and
    • The cash-equivalent value (or CEV) of any pensions (as well as a state pension forecast as a precautionary measure).
  • Similarly, it is helpful for your solicitor to have a rough idea of your and your spouse/civil partner’s respective incomes (whether from employment, any trust interests or from your investments).
  • If you are aware that your spouse/civil partner has instructed a solicitor, it would be helpful to make a note of their name and firm so that you can pass it on.

The above points are by no means exhaustive and your solicitor may focus on what they think are the most important issues to be addressed. However, your solicitor will also be guided by you – the more information you can provide to your solicitor, the better, as it will allow them to give much more tailored advice and help you get the most of out of your meeting. Similarly, your solicitor will understand that you have a life beyond your divorce and as such it is not essential to attend your first meeting armed with all of the information set out above.

You do not need to go into the minutiae of the reasons the relationship has come to an end in your first meeting but in any event, your solicitor will be mindful that this is often a difficult topic to discuss. If you need to take a break from the meeting, you can ask to do so at any time or even park any of the issues you may not be ready to talk about.

Taking this first step after separation is bound to be difficult. However, making time ahead of your first meeting to think about the points above can pay dividends. The general stocktake will help you to feel that much more prepared and in control of what may seem like a very intimidating process. Remember that you are not alone – your solicitor is there to support you and help put in place a team around that will allow you to make informed decisions about your future.

More articles by Hannah Coupe

Hannah Coupe

Hannah Coupe is a solicitor at Burgess Mee, an award-winning specialist family law firm in London. Hannah advises on a broad range of family law matters, including divorce, matrimonial finance, nuptial agreements, and issues relating to children. She is also a member of Resolution, an organisation for lawyers which promotes a constructive and non-confrontational approach to family law cases.

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Say Yes to Arbitration?

Published on
Emma Harris
Emma Morris
Legal Director
Burgess Mee Family Law

Divorcing couples now have a plethora of options when deciding how best to deal with their financial division upon divorce. The new(ish) Non-Court Dispute Resolution (“NCDR”) rules require parties to consider, and where appropriate actively participate in, NCDR processes such as mediation. Indeed, for some time now parties have not been able to issue an application at court without first attending a Mediation Information & Assessment Meeting (“MIAM”) with a mediator.

However, mediation is not suitable for everyone for a variety of reasons. If mediation has failed and solicitors are at an impasse, the options are narrowed down to the court process – with or without the use of private financial dispute resolution (“FDR”) – or arbitration. This article focuses on the significant advantages, so far as I see them, of arbitration.

Timing

Whilst courts around the country have differing scheduling pressures, it is commonplace for the first administrative appointment to take anything up to five months to be listed from the issue of an application. This is followed by an FDR, often six months after the first appointment, with the final hearing up to another year thereafter. That could add up to a staggering 18 months to two years, during which parties and their children are in an uncomfortable – and often fractious – limbo.

Arbitration is an alternative. It can be scheduled quickly, often as soon as the disclosure process is complete. Clients can fix a date to ensure their own availability and that of their legal teams, the latter being something the court no longer accommodates. This is important because if solicitors/counsel have been advising for a while and the court lists on a date they are not available, this adds a layer of stress and additional cost in bringing a new adviser up to speed.

Finality

The biggest advantage of arbitration is its finality. An FDR, whether it be private or court led, cannot bring about the conclusion of proceedings unless this is something the parties wish to achieve. Arbitration is different. The arbitrator’s award follows the arbitration, usually within two weeks but often only a couple of days afterwards. It is final and converted into a binding court order shortly thereafter.

Expertise

Judges are under immense pressure; they are often juggling numerous cases on the same day and – whilst they are all highly professional and do their very best – the time they can dedicate to papers in advance of a hearing or to the hearing itself is extremely limited. Clients are often disappointed to learn that the bundle of papers sent to court before an early hearing is hardly read. By contrast, an arbitrator builds time into their instruction to pre read a case fully and often has a short preliminary online hearing in advance of the arbitration to make certain that everything required has been done. This ensures the arbitration runs smoothly.

Arbitration provides flexibility that a court does not, allowing the parties freedom to agree in advance what they want to be decided.

Cost

Although there is a cost in paying for the service of an arbitrator, that cost buys certainty. It guarantees an arbitrator dedicated solely to your case on the day, who has read all your papers before meeting you. It guarantees you an expert in the relevant field. And it guarantees a decision – known as an award – within a very short timeframe, whilst saving money and with less acrimony than the alternative.  Set against a year or more of solicitors’ correspondence and niggling interim issues before a final hearing can even be listed, the cost of an arbitrator is modest by comparison. The personal toll of being left in limbo for that long is harder to quantify, but no less real. Arbitration cuts through that: it delivers a final outcome and brings the litigation to a conclusion.

Experts

If you need to call an expert, it is often cheaper to do so within an arbitration hearing rather than within the court process. There is a great deal of waiting around in court, during which an expert (perhaps a surveyor or pension actuary) will be charging at their hourly rate. With arbitration you can decide in advance exactly when the expert will give evidence, thus limiting their waiting time and costs.

Less adversarial

Settling a family dispute inside a court building is not optimal. It induces stress and there are often insufficient places to sit or take advice from your advisers. By contrast, arbitration can take place anywhere the parties choose; they can agree the format and timing of the day in advance, and whilst the setting is formal, it is far less daunting than a court building.

Privacy and publicity

I’ve acted for many high-profile clients, from sportspeople to entertainers and politicians. Conducting a case in the glare of other court users is difficult at the best of times but made much worse when space for a private conversation is lacking. Furthermore, media coverage is now an ever-present concern: court proceedings (barring purely children matters) are public record, and notices name the parties unless there has been a successful application to anonymise.

Arbitration removes that risk. It takes place in a location of your choice and does not appear on a public list, so the media is unaware it is happening. As such, there are no unwanted photographs of parties arriving at court and no pressure to face a microphone when parties leave the building. This allows people to deal with a highly personal issue privately, which is clearly better for them and their children who could otherwise be affected by media coverage or adverse publicity.

Arbitration is not simply for an all-encompassing final award. It can also be used to aid settlement because it is entirely possible to ask an arbitrator to decide upon a single issue. Resolving that one issue often unlocks the entire case, and settlement is achieved. Moreover, where suitable, the issue can be dealt with on paper without either party needing to attend in person, providing a quick and cost-effective resolution of a tricky issue.

In short, arbitration ensures that your matter is decided by an expert who has dedicated proper time to reading in and to deliberating their decision. It is quicker, often cheaper, and allows for total flexibility and confidentiality.

About Emma Morris and Burgess Mee

Emma Morris, Legal Director at Burgess Mee, is one of London’s leading divorce lawyers with 30 years’ experience in family law. She is a practising arbitrator and Member of the Chartered Institute of Arbitrators, and also conducts private FDRs.  She is collaboratively trained and a member of Resolution.

Burgess Mee Family Law is an award-winning firm offering the full range of family law and private client services from three offices across London. Founded in 2013 by Antonia Mee and Peter Burgess, Burgess Mee offers high quality, bespoke family law and private client advice and service whilst being more cost effective than its City competitors.

The firm comprises 26 fee-earners (including six partners) from leading firms in and around London. All solicitors belong to Resolution, which promotes the constructive settlement of family matters.

 

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Reclaiming Work After Divorce – Rights, Reality and Rebuilding Identity
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Reclaiming Work After Divorce – Rights, Reality and Rebuilding Identity

Published on
Stephanie Cohen
Stephanie Cohen
Peter Burgess
Peter Burgess

How legal fairness and personal reinvention work together on the journey back to work

Article written by Peter Burgess, Senior Partner at Burgess Mee and FMC Accredited Mediator, and Stephanie Cohen, Career Coach and Founder at Passenger to Pilot.

The legal approach to maintenance

Over the last 25 years, we have seen a sea-change in the world of work and the relationship between careers and parenting. The seminal House of Lords decision in White v White in 2000 introduced the idea of a partnership of equals between husband and wife.

But although equality is now the lodestar for how financial division is carried out, there is one area in which parties are rarely equal.

Cases such as  SS v NS in 2014 saw the courts refine their approach to maintenance. After years of ‘joint lives maintenance orders’, maintenance is now assessed through the framework of being rehabilitative and needs-based, for fixed or extendable terms only.

The job market in a post-Covid world

In the post-Covid world, we are on the cusp of further changes to work, with the advent of AI and automation likely to make many traditional career paths redundant. This makes life even more complex for those looking for work after an extended period out of the job market. For a wife (as is still often the case) who finds herself at the end of a long marriage with children who becoming more independent, there is an expectation that she must find work to support herself within a short period of time, perhaps with some retraining. Typically, salary figures of between £20,000 and £40,000 per annum would be mentioned, depending on professional experience.  A spouse is therefore placed in the position of seeking work, coming to terms with the end of a relationship, while often bearing the brunt of childcare. It is no mean feat.

Returning to work after divorce: A different reality

Once that shift in legal framework is understood (the shift away from joint lives maintenance, the focus on rehabilitation and the expectation that an individual will return to work) a different reality enters the picture.  The law can assess needs and acknowledge career sacrifice, but it cannot account for a person’s internal experience as they must now rebuild or inhabit a working identity.  This is where financial fairness and emotional readiness often fall out of sync.

For many clients who seek out coaching, the private moment when they realise they must re-enter work feels less like a practical task and more like an existential one.  After years spent centring the home, children and a partner’s career, many describe their sense of professional self as being diminished or absent.  Even those who remained employed throughout the marriage often speak of a subtler erosion where confidence has shrunk, they feel “behind” professional peers or overwhelmed from the strain of holding down a job while carrying the weight of personal lives unravelling.   On paper their professional selves are intact, but privately they feel depleted or disconnected from the work they once did successfully.

This emotional landscape at this stage is often hidden in the legal process and can be best described as a complex mix of fear, fatigue and (sometimes) a flicker of excitement. Re-entering the workplace or shifting career goals can raise fears about being competent enough in a world that has moved on, as well as fatigue from the prolonged emotional labour of a marriage’s demise.  There can even be a fragile excitement about the possibility of reclaiming or redefining a career that feels like their own.  This is why returning to work, though originally framed as a financial step, can often also be an act of self-care, agency and identity repair.

Redefining career goals: a reset moment

As is often the case in advisory work or mediation, what is reasonable in legal terms may not always feel manageable in human terms. A timeline for returning to work can feel insurmountable to someone who has not inhabited their professional self in years or who has simply been surviving at work.  This can often be a disorientating experience. Bridging the gap works best when a client can take an approach that is both steadying and clarifying.  In our respective fields, our work starts with helping clients assert their legal rights and restoring the internal capability to live a full and self-actualised life.

In coaching, for example, that often begins with helping individuals understand who they are now as a professional, rather than who they once were. We explore the attributes that remain strong, those that are dormant and the new ones emerging in the wake of such significant personal change. Through our engagement, the process of “starting again” becomes a more grounded rediscovery of confidence and authorship. Clients who have been absent from the workforce entirely begin to see paths back in.  Others renegotiate flexible work so they can rebuild at a humane pace for themselves and their families.  Those who stayed in work can find steadiness and a renewed sense of themselves.

Exercise by Stephanie Cohen: Reclaim Space

Often, the turning point is not cognitive but embodied.  I use a simple exercise called “Reclaim Space”, where I ask my client to step into a busy lift, standing in the centre rather than the corner, and holding their place as others move around them.  No apologising. No shrinking.  Just quietly occupying their place in the world and giving themselves permission to do so.  What initially feels uncomfortable, for many becomes the first moment they feel themselves reappear after years of contraction.  From that point, returning to work (or returning presence to work) becomes more than an obligation.  It becomes a way back to self.

Read more articles by Peter Burgess.

About Peter Burgess

Peter co-founded Burgess Mee in 2013 after starting his legal career at Withersworldwide. With over 20 years’ experience in family law, he is recognised as one of London’s leading divorce lawyers, advising on high-value financial cases and complex children matters, including international relocations. He is also an FMC Accredited Mediator. His expertise has earned industry-wide recognition, including in Spear’s, The Legal 500 and Chambers UK. He is a Fellow of the International Academy of Family Lawyers and serves on Resolution’s National Committee. Peter has acted in significant reported cases, including Cazalet v Abu-Zalaf [2023] and AH v BH [2024], and co-authored International Trust and Divorce Litigation. He also co-created resources such as Within the Window and The Happy Co-Parent to support clients who are navigating trauma and co-parenting.

Visit Burgess Mee
Connect with Peter on LinkedIn

About Stephanie Cohen

Stephanie Cohen is the founder of Passenger to Pilot, a career coaching and advisory practice supporting senior leaders and high performers navigating transition, identity shifts, and high-pressure professional environments. She brings over 20 years of leadership experience at the highest levels of financial services and regulation, having previously served as Global Chief Operating Officer for BlackRock’s investment businesses and as an Executive Director at the UK Financial Conduct Authority. Drawing on this background, Stephanie now works with clients across sectors and regions to rebuild confidence, clarity, and professional presence during periods of change, including returning to work after divorce, career breaks, or significant personal upheaval. Her coaching approach blends strategic insight, psychological depth, and lived senior leadership experience to help individuals regain authorship of their careers.

Visit Passenger to Pilot

Connect with Stephanie on LinkedIn

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Potanina-v-Potanin: Divorce Experts Share their Views
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Potanina-v-Potanin: Divorce Experts Share their Views

Published on
Sean Hilton
Sean Hilton
Sital Fontenelle
Sital Fontenelle
Peter Burgess
Peter Burgess

The recent Court of Appeal ruling in London has reignited global attention on one of the most high-value divorce cases in history. Natalia Potanina, ex-wife of Russian billionaire Vladimir Potanin, has won the right to pursue a multi-billion-dollar claim for 50% of his stake in Norilsk Nickel, along with dividends and a luxury Moscow property.

Having previously received less than 1% of marital assets following their 2014 divorce, Potanina’s successful appeal marks a significant shift in what has already become a closely watched case.

To unpack the potential implications of this ruling, we asked leading experts Peter Burgess, Sital Fontenelle and Sean Hilton for their views.

Peter Burgess, partner at Burgess Mee, says:

“Today’s ruling further cements London’s position as the divorce capital of the world. Mrs Potanina’s $6bn claim has been thrown a lifeline, by the Court of Appeal allowing the claim to proceed. For UHNW individuals who have been badly served abroad, this judgment will be very welcome. Aspiring “divorce tourists” may appreciate the opportunity to demonstrate connection to this country at the substantive hearing, rather than at an earlier stage. However, this particular long-running high-value dispute may still have some way to go as it remains open to Mr Potanin to seek a further appeal to the Supreme Court.”

Sital Fontenelle, Head of the Family Law team at Kingsley Napley LLP, comments:

“All lawyers to international HNWs have been watching this case, given it concerns the limits to divorce tourism and is the latest determined example of a wife testing England’s reputation for being a fair and generous forum.

The Court of Appeal has today granted Natalia Potanina’s application for leave to bring a Part III claim meaning she is permitted to bring a claim for financial remedies in this jurisdiction following a divorce and financial settlement decided after a long marriage in Russia.   

The Court of Appeal had little difficulty in concluding that Mrs Potanina has solid grounds to bring her application on the basis of her connections to this country and the ‘limited’ view of her husband’s assets that was taken in Russia. The Court even went so far as to note that it could be argued the size of her award in Russia meant her reasonable needs could not be met. It also observed she had only received a fraction of what she might have received in this country.   

This will no doubt be disappointing to her husband and will dismay those who feel our divorce courts should be dealing with more local and needy cases. As the Court of Appeal notes, this case has been running for nearly 7 years and has consumed substantial resources of the court.

Although today’s decision is, of course, fact specific, the key point is that the door is still open; it reinforces our reputation for being divorce capital of the world and importantly there was no narrowing of the test for other potential claimants who have the appetite to bring litigation here.  We will therefore remain an attractive jurisdiction for divorce cases. 

However, it is unlikely to be the end of the matter since Mr Potanin may still have the appetite to appeal further and request the Supreme Court considers the substance of this case (their original review was procedural).  

This is a blockbuster case in financial terms – with considerable £s at stake in the billions rather than millions – so we can expect it will continue to be hard fought for several years to come.”

Sean Hilton, Family Partner, Stevens & Bolton, commented:

“Today’s Court of Appeal decision in the Potanin case marks a significant moment for international divorce law in England. By allowing Natalia Potanina’s financial claims to proceed despite her divorce being finalised in Russia the court confirmed its ability to intervene where a spouse claims they have received insufficient provision from a foreign divorce. Mrs Potanina was found to have a real and meaningful connection to England – she held a UK investor visa, owned property here, and had been habitually resident for over a year. The Judge did not agree with Mr Potanin’s claim that his ex-wife was a ‘divorce tourist’.

“The court also commented that under the Russian divorce Mrs Potanina received a “tiny fraction” of the sum she would have received if she had divorced in England, and that this may be more significant when Mr Potanin is required to give disclosure of his assets here. In those circumstances the Judge commented that it would be appropriate for the court to make a further financial award to Mrs Potanina, the extent of which will need to be determined at a further hearing.   

“This decision may now open the door to a raft of applications that have been waiting in the wings for clarity. It is clear this ruling will shape how we advise international clients going forward. While the procedure for these applications has been tightened, the court have made clear that if jurisdiction is established and there’s a real prospect of success for a spouse with a meaningful connection to this country, claims may still proceed with a broad discretion afforded to Judges – perhaps supporting the view that England is the ‘divorce capital of the world’.”

Keep up to date with latest divorce news.

About Peter Burgess

Peter is one of the two founding partners at Burgess Mee Family Law.

Having trained at top family law firm Withers LLP, Peter founded Burgess Mee with in 2013, where he advises on the full spectrum of family law issues across the firm’s three offices. Peter is also an FMC accredited mediator.

Get in touch with Peter today:

  • Email
  • Call on – 0203 824 9952

About Sital Fontenelle

Sital Fontenelle is the Head of the Family & Divorce team at Kingsley Napley. She specialises in the complex financial aspects of a divorce, negotiating and drafting of nuptial agreements as well as private children law cases. She typically acts for high-net-worth individuals, often on cases involving an international dimension, offshore trusts, family businesses, inherited wealth or asset tracing. She is also highly experienced in complex children cases. Sital is an active member of the Resolution Cohabitation committee and regularly speaks at international conferences on wealth protection and trusts. She is a recognised leader in her field in legal directories, including the Chambers Ultra High Net Worth Guide, Legal 500 UK, Chambers UK (finance and children) and Spears. As well as being ‘Recommended’ in the Spear’s 2023 Family Law Index, she won silver in the Woman of the Year – Future Leaders (Partner) category at the Powerwomen Awards 2020.

About Sean Hilton

Sean assists clients on a broad spectrum of matters ranging from complex high-value financial proceedings following divorce, to disputes in relation to children. For instance, Sean advises unmarried families on the consequences of a relationship breakdown and is instructed on pre and post nuptial agreements, often with an international element. Sean is considered as a “Rising Star” by the Legal 500 Directory and in the Thompson Reuters Super Lawyers List, and has recently been shortlisted for Family Lawyer of the Year – Senior/Managing Associate in the CityWealth Future Leader Awards.

Sean’s Stevens & Bolton profile and contact details are available here:

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Financial Disclosure: How to Gather Information

Published on
Vikkie Chetcuti-Gee
Vikkie Chetcuti-Gee
Associate
Burgess Mee

If you are filing a divorce application, you will also need to think about the financial aspect of your separation and how your assets will be divided between you. Although the two are (legally) separate processes, they go hand in hand and should be considered at the same time.

As part of figuring out how to financially separate from one another, it is likely that you and your spouse will need to exchange financial disclosure. In this jurisdiction (England and Wales), you have a duty to be full and frank with each other, which means you must both disclose all of your assets, liabilities and income wherever they are in the world.

What is financial disclosure?

If you are attending mediation with your spouse the mediator may have their own procedure and bespoke forms for you to complete. However, ordinarily, you will both need to complete a ‘Form E’, a long document which asks you to set out your financial position in detail. The purpose of the form is to allow each of you to have a clear picture of what the other has and says they will need so that you can make informed decisions about how the finances should be divided (or if they should be divided at all).

Once you have exchanged financial disclosure, you will both have the opportunity to ask questions about the information provided if further evidence or clarity is required. For example, if you are aware that your spouse has another bank account that they have not listed in their Form E, you can ask about this in your questionnaire. If, after receiving the answers to your questions, you are still not sure you have a complete picture, you can raise further questions in a document called a ‘schedule of deficiencies’. This is not an opportunity to ask new questions but to focus on the questions you originally asked that have not been answered properly.

If court proceedings have already been issued then you will both be required to complete the Form E as a formal court direction and it will be referred to in the proceedings and seen by the judge(s) who hear your case. If you are exchanging Forms E voluntarily but proceedings are issued later on (which may require you to complete the form again if it is sufficiently out of date or circumstances have changed) it is important to bear in mind that the court can see your original form.

What documents and information do I need to provide?

The Form E is divided into numerous different sections to enable you to provide information on:

  • Any property in which you have an interest.
  • The sums held in your bank accounts and any investments you may have. Also, the value of any life insurance policies.
  • The value of debts that are owed to you (for example, if you have loaned money to a friend that you are expecting to be repaid), any cash held in excess of £500 and any belongings worth more than £500.
  • Any liabilities you have, such as credit cards or bank loans and any CGT you would have to pay if any property or other asset you have is sold.
  • Business assets and directorships.
  • Pensions (excluding the state pension but it will not hurt to obtain a valuation online for this so that you are aware of any potential shortfall that may need to be addressed as part of the settlement), other assets and income (from employment, self-employment, partnership, investments, state benefits and any other income).

The form also asks you to confirm your income and capital needs (i.e. how much you need to meet your outgoings and to house yourself) and any other information you would like the court to take into account. This includes, but is not limited to, any significant changes in assets or income in the last 12 months or that you expect in the next 12 months. Finally, you can confirm what orders you would like the court to make. Even if you are not in court proceedings and are completing the form voluntarily it can be a good idea to complete this section to ensure your spouse has a clear picture of what you would like to happen. If you have a solicitor, they can advise you how to complete these sections.

You are also required to provide documents in support of the information you have provided. There is an extensive list on the final page of the form; depending on your circumstances, these may include:

  1. A recent mortgage statement (if applicable) and any valuations obtained in the last 6 months for any properties or land in which you have an interest.
  2. For each of your bank accounts, statements for the last 12 months (this is usually one of the most cumbersome tasks in preparing your disclosure).
  3. The latest statement for any investments.
  4. The surrender value for any life insurance policies.
  5. The last two years’ accounts and any other documents on which you base your valuation of your interest in any business.
  6. A statement confirming the cash equivalent value (or ‘CEV’) of your pension(s) and confirmation of your state pension entitlement.
  7. Your last three payslips, most recent P60 and P11D if you are employed.
  8. A copy of your last tax assessment (or a letter from your accountant confirming your tax liability) if you are self-employed and management accounts if your net income for the last financial year and estimate income for the next 12 months is significantly different.

You can also provide additional documents where necessary to explain or clarify any of the information you have supplied in the form.

Common mistakes people make when completing their disclosure

Providing your disclosure can be a protracted and cumbersome task so start gathering this information as soon as possible. It’s not unusual for mistakes to be made but these can lead to avoidable questions being asked at the questionnaire stage, which can increase the time spent on exchanging full disclosure and, if you have a solicitor, will increase your costs.

A common mistake is failing to list bank accounts because they are inactive or have a nil/negligible balance. Even if you no longer use the account, it must still be listed and bank statements provided (evidencing the zero balance). Another mistake is not calculating the total figures correctly. The form provides for all of your assets (less any liabilities) and income to be set out so that your spouse has a clear snapshot of your financial situation. Miscalculations can lead to further mistakes down the line if the figures are used in, for example, an asset schedule.

Finally, it is really helpful all round if the documents attached to the form are in a coherent and clearly labelled order. When putting your disclosure together you should aim to provide as much information clearly and as concisely as possible to avoid further questions. Bank statements are often numbered so it can be easy to see where there is a missing page. Likewise, provided there is a clear run of chronologically-dated entries, there is no need to include the superfluous pages often sent by banks.

What happens if you and your spouse agree not to exchange financial information?

It is possible for you and your spouse to agree not to exchange full disclosure via Form E. This might arise where the situation is amicable between you and you have already agreed how to resolve the financial aspect of your separation (which will need to be jointly filed with the court in a consent order). In that case, the court still requires you to provide some disclosure, but in a much shorter form called a ’Form D81’. This is simply a summary of your finances that shows the net effect of your agreement without providing full details or documentary evidence in support.

If you and your spouse have agreed the above, your solicitor (if you have one) is unlikely to be able to advise you properly about whether or not the agreement you have reached is fair and in line within the bracket of outcomes that a court may have ordered. To do this, they will need to see full disclosure by way of the process set out above. It is not uncommon for solicitors to ask clients who wish to proceed this way to sign a waiver confirming that they understand they are entitled to see full and frank financial disclosure from their spouse, that they wish to proceed without it, and that they accept the inherent risk that there may be unknown assets (or liabilities) of which they have no knowledge. It can be extremely difficult to revisit once concluded so advice should always be sought and caution exercised as to any potential unknowns. Your solicitor is not trying to be difficult. Instead, use this point as a moment to pause and reflect as to whether you are entirely content with the agreement you have reached and whether there is anything else you wish to know.

Conclusion

The main thing to remember when preparing your Form E is to start it early (don’t leave it until the week before you are due to exchange) and be as thorough as possible. It is one of the most important documents you will need to prepare during your separation and will be referred to often. Your case could be delayed if it is not completed correctly or insufficient information has been provided. It is also an opportunity for you to take stock of your own financial situation, obtain a much clearer understanding of your family’s overall finances and help you plan for the future.

Read more articles by Burgess Mee.

About Vikkie Chetcuti-Gee

Vikkie Chetcuti-Gee handles a range of family law cases, including complex financial proceedings frequently involving family trusts, significant business structures and forensic disclosure requests. She specialises in pre- and post- nuptial agreements for a range of clients from all walks of life, often for high net worth clients with a focus on sports personalities and their families. She also has a wealth of experience in private children law matters, particularly involving allegations of domestic violence and abuse, and where the other party involved is particularly intransigent. Vikkie is a member of Resolution and is committed to resolving cases in a non-confrontational way where possible.

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Relationship and Power Dynamics on Divorce: Tips for Handling a Separation
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Relationship and Power Dynamics on Divorce: Tips for Handling a Separation

Published on
Katy Duff
Katy Duff
Solicitor
Burgess Mee Family Law

Power dynamics within a relationship often continue to play out during and after a separation. This can make coming to a final agreement about children or finances challenging even with the advent of no-fault divorce. The following tips are useful to keep in mind when you are going through a separation and things can feel overwhelming.

It is not ‘aggressive’ to instruct a lawyer

It can take real strength and courage to make the decision to separate, likewise to instruct a solicitor to help you through the process. Seeking a professional’s help to guide you is entirely sensible and reasonable. It should empower you to think about next steps, the future and what is right for you.

Focus only on what you can control

It is not a valuable use of your time and energy when trying to separate and heal to predict or anticipate your ex-partner’s/spouse’s behaviour, as this will  cause unnecessary worry and stress for you. Rather, your focus should be on navigating your own way.

Don’t negotiate against yourself

Don’t  stop yourself from putting forward proposals or requests that are in your interest because you think they will not be accepted by your ex-partner/spouse. With the support of a professional team, you will be aware of all the different options open to you. This should allow you to feel comfortable in what you are suggesting, knowing that in doing so you are still working towards a practical solution for everyone.

Identifying difficult behaviour

It can be hard to manage difficult behaviours from your ex-partner/spouse after you separate, but. you do not need to do so alone. You should speak to your solicitor about any particular concerns and how you expect your ex-partner may react to a suggestion or a proposal. Professionals can guide the case forward with a better understanding of when challenging conduct may arise and how this might feed into wider patterns of behaviour.

Delegating management of the short term

Once patterns of behaviour are identified they can be navigated. Your solicitor should give thought to how final orders (in children or finances matters) will operate when professionals are no longer involved. For example, clear and ambiguous wording will be needed to make clear the terms of an agreement so that you are not embroiled in lengthy and difficult correspondence when implementing an order or discussing the practicalities for handovers at the weekend. This will only foster continuity and stability so that you and your children feel certain about the arrangements. You should speak to your solicitor about any points you think will be tricky in future and they should do the same.

Make the process work for you

Difficult personalities may deliberately time emails and correspondence to you or your solicitor at awkward moments to disrupt arrangements or your general wellbeing, i.e. a letter changing contact arrangements on the cusp of the weekend or a proposal for financial settlement sent late on a Friday afternoon. To prevent this, you can discuss and agree adopting a working practice with your solicitor. For example, you could ask that correspondence received on a Friday afternoon is sent to you on a Monday unless it is absolutely critical for your attention that day. This will allow you to prioritise and reclaim your time and space. Trust your solicitor to let you know whether you need to see something today or first thing next week after you have had two days to pause and reflect.

What about controlling or coercive behaviour?

Controlling or coercive behaviour is an act or pattern of acts of threatening, humiliating or intimidatory behaviour designed to make a person subordinate, isolated and frightened. It is insidious, unacceptable conduct that no one should have to tolerate, involving  behaviour that goes beyond typical disputes in a separation.

If abuse is identified as an element in a case you can work with your solicitor to ensure the risks to you, your children and your case overall are managed appropriately, in order to protect and prioritise the wellbeing of you and your family. The legal system should not be used to perpetrate further abuse and the courts are increasingly sensitive to litigation being weaponised in this way.

You should be able to participate in discussions, negotiations and or proceedings without risk or fear for your mental, physical or economic wellbeing or that of your children. Attention to detail and a wider understanding of historic behaviour is key to helping your solicitor in understanding the situation. This will allow them to tailor their approach and ensure you receive the support you need throughout your separation.

Rome wasn’t built in a day. Be positive but realistic

Even the most straightforward separation can often throw up unexpected and unforeseen issues. Your solicitor is there to guide you through divorce, but no two cases are ever the same. You are at the start of the rest of your life and that will take time. There will be delays, deadlines and counterpart solicitors who simply don’t respond. Sometimes it will be slow. Your solicitor will be doing all they can to keep you out of court (or they should be) and if they’re not, they should be explaining why, so that you know what the next step looks like. Court should always be a last resort but don’t overlook it as an option and a way to put in place a timetable that you and your partner can work towards with consequences if you don’t.

Seek support

You should feel supported at every stage as you move forward with the next stage of your life. There are many specialist organisations and professionals with particular understanding of the difficulties inherent in relationship breakdowns. There is no shame in seeking additional professional support including from a therapist, divorce coach or independent financial advisor (and your solicitor will be able to refer you to their connections in these spheres). They will also be alert when it sometimes may not be obvious that help is needed, so be open to exploring those options. Having a network of friends, family and professionals on hand can be key to guide you through the challenges of the process of separation and divorce and get you safely to the other side.

Read more articles by Burgess Mee Family Law.

About Katy Duff

Katy Duff is a solicitor at Burgess Mee, an award-winning specialist family law firm in London. Katy advises on a broad range of issues including divorce, matrimonial finance, financial claims for unmarried parents and matters involving children. She has specialist experience of cases with issues of domestic abuse. She is co-chair of Resolution’s National Domestic Abuse Committee.

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How not to ‘hard launch’ your divorce
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How Not to ‘Hard Launch’ Your Divorce

Published on
Sarah Bunn
Sarah Bunn
Associate
Burgess Mee Family Law

In this digital age there is often a temptation to take to social media to record a landmark life event. Coupled with this, for many, there is also the desire to use social media to put the wrongs of the world to right – whether that is in relation to world politics or our personal lives.

In the context of divorce proceedings, from which financial and children proceedings can also follow, a solicitor’s headline advice is likely to be to avoid sharing information about one’s divorce on social media, or at least to err on the side of caution. We all remember Gwyneth Paltrow and Chris Martin’s ‘conscious uncoupling’ campaign. However, without a PR team behind you, any possible benefits seem to pale in comparison to the possible pitfalls.

Social media may appear to provide useful guidance and tips about navigating the divorce process but often this “advice” or anecdotal evidence is incorrect and could even be harmful. All families are different, and it follows that all divorce experience is different.

As a starting point, parties involved in family court proceedings are expected to uphold confidentiality. This means not sharing details about the case to third parties (unless in specific circumstances, such as when speaking to a legal representative or experts in a case). It also means that a party must not share documents relating to their case with third parties, including their entire social media network. In the context of divorce proceedings, which is largely an online process where spouses can usually avoid ever stepping into a court room, this can easily be forgotten. In financial and children proceedings, whilst attendance at court is more likely, reminders are often necessary.

Divorce, Confidentiality & Social Media

A breach of confidentiality in relation to family proceedings can have a negative impact on one’s case. Judges will be far from impressed and may say so, and in more extreme cases, the individual who is in breach of confidentiality can face fines and/or even a term of imprisonment.

It is important to be aware that even if one maintains confidentiality about the proceedings themselves, derogatory posts on social media about your spouse/child’s other parent can be used as evidence in a case. For example, social media posts about what a terrible person your (soon-to-be former) spouse/partner is or criticism of their parenting styles are often screenshotted and exhibited to narrative statements in order to evidence the conduct and entrenched views of one party about another.  More often than not, this will negatively impact a judge’s perception of the person posting such information, as opposed to the ‘postee’.

It is important to remember that judges are human and that they have a fairly wide discretion within the law. If they take against a particular party, this could impact the final decision which may be unappealable so keep them onside if you can.

Family, Social Media & Divorce

During family proceedings, it is often advisable to avoid social media altogether as what may be construed as positive posts can be used in a negative context, for example, during children proceedings where a party posts a photo of their new partner having a fun day out with children. If the other parent did not know that the children had been spending time with a new partner, such photos may be used as an example of a lack of positive co-parenting and joint decision-making.

Divorce, Finances & Social Media

In financial proceedings, constant updates about new relationships and time spent at each other’s home can be used as evidence of one of the parties’ cohabitation, or intention to cohabit with their new partner or even that claims of financial straits are untrue; “Just look at that 5-star hotel/business class flight/new handbag!”. This may impact financial provision made upon divorce. Even screenshots of CVs and comments found on a spouse’s professional profile can be used as evidence in relation to income and earning capacity.

As an aside, divorcing spouses should also be made aware, at the start of a case, about the move towards transparency in the family court. This development brings in a presumption that approved media and legal bloggers may attend most hearings in the family court and that they may report what they see, hear, and read, although usually the reporting will be anonymised first. This change in the ‘private’ nature of proceedings may result in an inevitable loss of control by parties to keep the details of their case private and shielded from mainstream media, even if they uphold their side of the confidentiality bargain.

Whilst media outlets will not construe every case as a matter of public interest, and there are limits to what can be reported, if you have concerns about this, it is important to have a discussion with your solicitor about whether the media may be interested in your case, and what steps you can take to keep details of your case private.

Some helpful guides about confidentiality in family court proceedings can be found on the government website:

Read more articles from Burgess Mee.

About Sarah Bunn

Sarah Bunn is an Associate at Burgess Mee. She specialises in complex financial remedy and private children law cases. She also advises clients in relation to nuptial agreements and cohabitation disputes.

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Family Court Delays – a new year, time to think in ‘new’ ways?

Published on
Suzanna Brown
Solicitor
Burgess Mee Family Law

Delays in the court system have been widely reported in the media in the context of criminal proceedings but sadly remain commonplace in the family courts too. Many courts have a significant backlog of cases, exacerbated further by the pandemic and from which they have not generally recovered. The judiciary and court staff are doing their best under trying circumstances.

In financial remedy proceedings, it can often take around four or five months from the date the application is issued to even reach a first appointment. If your case requires a final hearing (which is unusual because most cases settle before then but does happen), it is likely that from beginning to end, separating couples could be waiting over a year for a judge to make a decision. Having to wait for an extended period for a resolution is often impractical and inevitably causes stress and additional expenses. With these widespread delays, what alternative avenues can couples pursue so that progress can be made sooner rather than later?

Mediation

Mediation involves you and your partner/spouse having discussions with a mediator present. You can use mediation to resolve financial issues on separation or children law matters such as child contact or where a child should live. Mediation is designed to provide a non-confrontational, confidential, and calm space for separating couples to work through any issues. When it works well it can be a fantastic method to resolve disputes and move forward relatively quickly. Mediation can be particularly useful as a tool where children are involved and parents want to find a way to maintain a co-parenting relationship. The mediator is trained to facilitate your discussions so that you can find a resolution but neutral third parties can be brought in such as family therapists and counsellors as well financial professionals to help resolve any impasse. You and your partner can even decide to both bring your lawyers to the mediation sessions so that you can obtain legal advice on the live discussions.

Private FDR / early-neutral evaluation (‘ENE’)

In financial remedy proceedings you may require a more formal and timetabled method of resolving the issues, while also wanting to avoid the stress and expense of court proceedings. A ‘financial dispute resolution appointment’ or FDR is usually the second substantive hearing in any formal court proceedings. At this hearing, the judge will give an indication of how they think the case should be resolved and that is then used by all the parties to inform their negotiations (the indication itself is non-binding and not seen by your judge at a final hearing who approaches the matter with a fresh pair of eyes). However, there can be a long wait for this hearing, which can mean valuations may need to be updated and positions may become further entrenched.

Private FDR hearings duplicate that format but they take place separately from the formal proceedings and on your terms. They bring the advantage of flexibility (on the date, timing, compliance with directions and location) and also allow complete privacy as they are usually held in barristers’ chambers. Although there is the additional expense of paying for your ‘judge’ (the proper term is ‘tribunal’ as they will not be sitting in a judicial capacity), this is vastly outweighed by the time and ultimate expense saved on waiting for a court date.

Arbitration

Arbitration is another form of private dispute resolution, that can offer a flexible and expedited route to resolving the issues arising on separation. It involves the appointment of an ‘arbitrator’ who can make a binding decision upon you (as with judgements from the family courts, arbitral awards can be appealed on the grounds that the decision was wrong, or if there is another compelling reason justifying the appeal). and your partner whether in terms of an overall outcome or where there is an impasse over a discrete issue. Arbitration can allow greater control over virtually the entire process if the parties want, so it can move at a pace that suits everybody. With the right advice, the process can also be simplified too which is a major advantage. Although there is the additional cost of the arbitrator throughout, as with other forms of private dispute resolution, this can be significantly outweighed by the emotional and long-term financial benefit to separating individuals in dealing with everything that much more quickly.

Collaborative law

An often-overlooked form of dispute resolution, the collaborative process involves a series of four-way meetings involving collaboratively trained solicitors all working together to reach an agreement. Everyone signs a ‘participation agreement’ at the outset agreeing that in the event they cannot resolve their issues with their method, they will each instruct new solicitors giving added impetus to the success of the process.

As with so many forms of ADR, third parties such as financial advisors and family therapists can be brought into the meetings to assist the discussions.

At the outset, each person will have the opportunity to set out their own aims and objectives in the process (usually by way of what are referred to as ‘anchor statements’ which can be revisited if momentum is stalling to remind everyone why they are here). Your solicitors will work together before and after each meeting, to see how best to drive the agenda forward but this will be agreed during the course of the work done in the four-way meetings. There is no hard and fast rule for how long the collaborative process may take – sometimes only a couple of meetings are required, sometimes it may be four or five.

Solicitor-led negotiation & round-table meetings

Solicitor-led negotiation is often the first port of call for separating parties to test the water and narrow the issues. Progress can be much slower than the other forms of dispute resolution even where solicitors are sensibly picking up the phones to one another but it can represent a clear channel of communication where correspondence sets out clearly each party’s position. This route can still feel attritional because it will still feel for the most part turn-based and there is an associated cost to that but many parties will appreciate the structure and clarity this provides.

Solicitor-led negotiation is often a prelude to a roundtable meeting where the parties meet with their lawyers (usually in the same room with break-out spaces for discussions but the parties can start with shuttle-style negotiations before being brought together as agreement nears) to further narrow the issues and hopefully progress to agreeing the headline terms of a settlement. Mediation (and the involvement of other third-party professionals like family counsellors) can be used alongside solicitor dialogue (or direct communication between the parties who feel they only need a little help finding a solution) to help make breakthroughs too.

Conclusion

Each of the above methods offer an alternative to the traditional court process. They come with varying benefits including speed, privacy, flexibility and control, less stress, and confidentiality to name just a few. If your partner has already issued court proceedings, many of these options are still available alongside the court process. Issuing court proceedings should be a last resort but can be a useful tool to put a timetable in place and launch a separating couple towards all of the available dispute resolution options, creating their own bespoke method of resolving the issues arising upon their separation.

More articles by Suzanna Brown

About Suzanna Brown

Suzanna Brown is a solicitor at Burgess Mee Family Law who advises on all aspects of family law, including divorce & separation, complex financial claims (often with an international element), private law children matters, and postnuptial & prenuptial agreements. Suzanna is dual-qualified in English and Scottish law.

Suzanna is an active member of Resolution, the national organisation for family lawyers.

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No-Fault Divorce - One Year On
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No-Fault Divorce – One Year On

Published on
Peter Burgess
Peter Burgess
Founding Partner & Mediator
Burgess Mee Family Law

Contrary to critics decrying no-fault divorce for hastening the demise of marriage, we do not expect the new laws to prompt a long-term rise in the divorce rate. While the number of divorces in April 2023 was double the April 2022 figure, this was likely a temporary spike driven by couples who had been waiting to take advantage of the new no-fault provisions.

The process to apply for a divorce has been streamlined, reducing the early administrative work about who will file, and the basis on which they will do so. It provides separating couples with more certainty and less stress from the outset of their divorce proceedings, encouraging an amicable rather than adversarial approach to achieving fair financial and child agreements.

We have seen an increase in couples using mediation to agree a financial settlement and arrangements relating to their children, rather than heading to the courts, and we expect this trend to continue.

The government is also considering a significant change to the role of mediation within the resolution of disputes to make it mandatory for court users to have attended mediation, suggesting a strengthening of the current use of Mediation Information and Assessment Meetings and more judicial powers to refer into DR processes.

For a reluctant or litigious respondent to the divorce, there is certainly far less opportunity to slow the process down, because it is no longer possible to defend a divorce by objecting to the particulars of a petition.

Meanwhile, the government has recently announced a Law Commission review into the law governing financial provision on divorce. While we await the details of any proposals for reform, any change would need to be the subject of careful consideration, as the current framework provides a discretion that protects from unfair outcomes.

Read more articles by Peter Burgess.

About Peter Burgess

Peter is one of the two founding partners at Burgess Mee Family Law.

Having trained at top family law firm Withers LLP, Peter founded Burgess Mee with in 2013, where he advises on the full spectrum of family law issues across the firm’s three offices. Peter is also an FMC accredited mediator.

Get in touch with Peter today:

  • Email
  • Call on – 0203 824 9952

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Proposed surrogacy reforms in the UK.
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Proposed Surrogacy Recommendations and the Impact on Divorce

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Natalie Sutherland
Natalie Sutherland
Partner
Burgess Mee Family Law

The Law Commissions’ new surrogacy recommendations, which include a specific new pathway to enable intended parents (IPs) to be their child’s legal parents from birth, provided the eligibility criteria and pre-conception safeguards are met, will have a significant impact not only for the child, but for the intended parents.

Currently, the IPs are not the child’s legal parents until the Parental Order is made, which can be many months from the birth of the child, leaving the child in a legal limbo. Also, often only one of the IPs is the biological parent, often leaving the non-biological parent more vulnerable. There have been cases where the IPs have split up before the Parental Order is made and this has thrown into question whether the eligibility criteria of a child having its home with the IPs both at the time the application is made and at the time the order is made, is met.

Whilst Judges have been able to purposively interpret the meaning of ‘home’ to enable separated IPs to continue to apply for a Parental Order together, if the new recommendations are made law, then this limbo is removed, and both IPs can be certain that they will be legal parents from birth. In any subsequent divorce or separation, the court would treat them as equal legal parents, just as other any other separating parents.

Click here for more articles about Children and Divorce.

About Natalie

Natalie Sutherland heads the Modern Families Department at Burgess Mee Family Law. She is a partner specialising in surrogacy and fertility law, she advises on the whole spectrum of family law issues.

She is a Resolution accredited specialist in private children law and high-net-worth financial remedies. She has won several awards including

Get in contact today:

  • Email
  • Call – 0203 824 9957
Next Generation Partner.
Natalie Sutherland
Next Generation Partner
The Legal 500 UK 2023
Family Law Partner of the Year
Natalie Sutherland
Family Law Partner of the Year
Family Law Awards 2022

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The role of mediation in the divorce process
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The role of mediation in the divorce process

Published on
Peter Burgess
Peter Burgess
Founding Partner and Mediator
Burgess Mee Family Law

Many clients who have attended a meeting with a solicitor or done their reading online will have heard about mediation as an option for resolving disputes around divorce or separation.

The government’s strategy for family justice is to require people to attend mediation as a first step before they enter the court system. In this article, as an FMC Accredited Mediator, I will explain a little bit about the mediation process and how it works, and answer some common questions.

What is mediation?

Mediation is a confidential voluntary process by which a neutral third party facilitates discussion between the two clients.

The role of the mediator is not to advise the clients but to help the two of them to discuss any issues arising in relation to, for example, parenting or financial matters. The mediator can, in this context, provide the parties with information, which is not specific to their situation, and ask questions designed to elicit discussion around the specifics.

The mediator can explore outcomes with the clients and look at different options for how to resolve their dispute, using their expertise and experience to do so but without telling the clients what the outcome will be (as doing so would be giving advice).

How does it work?

Mediation for family matters is usually conducted with both clients being present for a joint mediation session with the mediator. Prior to a joint mediation session, however, most mediators (myself included), will ask the clients to complete a questionnaire about their case and attend an intake session. These will be one-to-one, i.e. without the other party present, and are confidential.

During the intake session, the mediator can find out more information about the case, the client can find out about mediation as a process and the mediator can screen to ensure that mediation is appropriate and there are no reasons why mediation could not take place, for example, safeguarding issues.

If the case is appropriate for mediation, the mediator will then see the clients together for 90 minutes at a time.

At the start of the first joint session the clients will need to sign the Agreement to Mediate, which is the terms and conditions for mediation. There might be four or five sessions to resolve issues related to children arrangements, finances and the future of the relationship.

How long will it take?

Mediation is a flexible process. Although the sessions referred to above are usually 90 minutes in length, it is possible to hold shorter or longer sessions to accommodate the clients’ preferences.

Some clients might prefer to just book in a longer session and try to move through the issues. The whole process including some disclosure might take a few months and it can be conducted in parallel with the divorce and children court process.

Can I bring a lawyer in with me?

It is also possible to do “lawyer-supported” mediation, which involves attending mediation with a lawyer present.

The lawyer will be asked to sign the terms and conditions for mediation (the Agreement to Mediate) and can participate in the discussion but the process should still be relatively client-led and the mediator is there to ensure that the clients are each being heard.

Sometimes this is known as “hybrid” mediation as it incorporates aspects of the civil model of mediation (used for resolving non-family and commercial disputes).

What if I don’t even want to be in the same room?

It is also possible to conduct mediation on a “shuttle” basis, whereby the clients are in separate rooms and the mediator shuttles between them.

The downside of shuttle mediation is that it can take longer for progress to be made because part of the benefit of mediation is the impact of hearing the other party in a way enabled by the mediator.

Is it binding?

The outcome of mediation is always subject to the parties’ solicitors’ advice after mediation and is not automatically binding.

However, a carefully considered outcome mediated with an experienced mediator more often than not is the end of the matter, as the parties have invested so much effort in the process.

If they are taking their solicitor’s advice as they go along – either within or outside the mediation – that will decrease the chances of an outcome collapsing at the end.

Is it expensive?

The time with the mediator is usually charged at their hourly or session rate.

As such, using one professional to help negotiate an outcome is generally less expensive than using two lawyers, or is much less expensive than litigation or many other non-court based dispute resolution routes.

It is generally the “least worst” option in terms of acrimony, expense and time.

Do I have to go to mediation?

It is a cornerstone of the mediation process that it is voluntary.

However, in order to issue a court application, unless you have either been a victim of domestic violence or there is some urgency or hardship would be suffered, you need to have a mediator countersign the court form to confirm that you have had the process explained to you and do not wish to participate.

How do I choose a mediator?

Choosing a mediator is not always easy.

Geography has historically played a part, but since the pandemic it is now relatively common to conduct mediation over Zoom, and indeed some mediators and clients prefer that.

There are also some mediators who have a legal background and others who do not, and perhaps come to the discipline via a therapeutic, advisory or other background.

The Family Mediation Council (FMC) runs an accreditation scheme whereby mediators submit examples of their work and case studies for assessment, although accreditation is not necessary and there are many good mediators who  are not FMC accredited.

However, most mediators will have a website and will offer a free initial discussion about the process and how it works.

Are there any things that can’t be mediated?

It is generally possible to mediate almost any issue in the context of divorce, financial arrangements and parenting, apart from taking children into care and other public law issues.

Where a case involves serious violence or a significant power imbalance or communication issues, mediating may not be appropriate.

Click here for more articles from Burgess Mee Family Law

 About Peter Burgess

Peter is one of the two founding partners at Burgess Mee Family Law.

Having trained at top family law firm Withers LLP, Peter founded Burgess Mee with in 2013, where he advises on the full spectrum of family law issues across the firm’s three offices. Peter is also an FMC accredited mediator.

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