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Family Mediation and ‘MIAMs’: Recent Rule Changes. Young people sitting in a circle and having a group discussion.
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Family Mediation and ‘MIAMs’: Recent Rule Changes

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Mediation Information and Assessment Meetings (MIAMs) have been compulsory in Family Court proceedings since 2014.

MIAMs – What are they?

‘Mediation’ is a method of resolving disputes through an independent third party, known as a mediator. Their purpose is to assist parties in negotiating a settlement.

MIAMs are a meeting which considers and explains the potential benefits of mediation and other non-court dispute resolution (NCDR) methods. During this meeting, the mediator will provide an indication as to the method that would be most suitable to resolve the prospective applicant’s particular dispute. If you are looking to apply to the court to settle your divorce or separation issues, it is a legal requirement that you first attend a MIAM.

The Rules – What’s changing?

  1. MIAM Exemptions:

The courts are looking to update their rules around the obligations to attend a MIAM, and, from 29th April 2024, they will be introducing various changes to reflect this.

If a MIAM exemption applies, then a prospective applicant will not be required to attend a MIAM.

Previously, an application for a MIAM exemption could be accepted in the absence of any supporting evidence. The new Rules, however, require said evidence to be attached to the application.

The courts will make an initial inquiry into whether the exemption is valid, and this will be subject to an ongoing review. If an exemption is deemed invalid, the court may direct parties to attend a MIAM, and possibly adjourn proceedings for that purpose.

In these circumstances, parties are encouraged to engage with the MIAMs because the court will take parties’ conduct into account when considering whether to make an order for costs in relation to the proceedings.

Why?

A stricter approach to the MIAM exemptions means that it will be harder to avoid a MIAM. You may be asking, what are the benefits of this? Well, by exploring NCDR at an early stage, you might be able to (amicably) reach an agreement, and avoid both the time and money involved in issuing court proceedings. Early resolution can also aid in preserving relationships; this may be particularly important in cases where co-parenting is involved.

What else?

April 2024 also brings with it a new MIAM exemption. If a prospective applicant can provide written evidence that they have attended a NCDR process within the 4 months prior the date of the court application (in relation to the same, or substantially the same, dispute to which the proposed court proceedings relate), then an exemption applies. This will ensure that prospective applicants are not unnecessarily directed to attend a NCDR. ‘Written evidence’ is obtained once a NCDR provider has confirmed that the applicant has attended.

  1. An insight into parties’ attitude:

From 28th April 2024, the court is introducing a new Rule for those commencing either financial remedy proceedings or private law proceedings related to children. Applicants who fall within the relevant criteria must now file with the court, and serve on all parties, a form setting out their views on using NCDR as a method of settling.

Why?

The court has introduced this requisite to monitor and identify whether NCDR is a suitable alternative for parties. Requiring parties to record their views about NCDR on paper will encourage them to think outside of the box (or indeed the court room) and consider whether a resolution can be achieved through other means; the benefits of which have been briefly discussed above.

What can divorce experts do?

As well as supporting you in your Family Court proceedings, divorce experts can refer you to accredited mediators that are recognised by Resolution and the Family Mediation Council, to ensure you have the best chance of success at mediating your dispute.

This is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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How to End a Marriage Peacefully
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How to End a Marriage Peacefully

Published on
chloe-o-contributor
Chloe O.
Alternative Dispute Resolution professional and Certified Divorce Coach
The Divorce and Separation Coach

Not all marriages end in drama and fanfare. In many cases, couples just grow apart. They stop loving each other or simply evolve in different directions. In these kinds of situations, most couples agree that there is no need for war or acrimony. They have come to the conclusion that their marriage is over, but it doesn’t mean everything they had together was a lie and should be destroyed. The question is then about how to end the marriage peacefully and with dignity, rather than angrily and destructively.

Key to the success of such an approach will be the intent of both parties. The more committed they are to managing things with low conflict, the more likely they are to succeed. Because, contrary to what one might think, divorcing amicably can be difficult. You need to negotiate the terms of your agreements, which requires compromise and flexibility. In many ways, divorcing in court is the easy way out: you are delegating the decision-making to a judge. It involves great cost and means you have no control over the terms of your divorce, but it doesn’t involve agreeing to some of the other spouse’s requests.

Couples are more likely to divorce peacefully when they have learned to trust and communicate with each other during their marriage. If the couple has worked together as a team in raising their children and running a family, they are better able to leverage these skills once again at the time of separation. Trust is a key ingredient here as it allows each spouse to feel confident that the other isn’t trying to stab them in the back, and that the proposals they are making are reasonable. It doesn’t mean they will agree on everything, but it means that they are both willing to listen to the logic behind the other person’s position, and to contemplate things from their point of view, without assuming any ill intentions.

Most importantly though, the key to a successful divorce is to seek professional support. Even for a couple who is starting things off with the best of intentions, there is always a degree of conflict involved in divorce. The process requires disentangling two lives, which means everyone is losing something. There will inevitably be times when the soon-to-be-divorced couple will disagree on how to proceed. Professional support can help them get unstuck and explore other options. They can help them leverage conflict de-escalation techniques to make sure they don’t become entrenched in seemingly irreconcilable positions. As mentioned above, amicable divorce is hard work, and it is sometimes difficult to stay the course. The key here is not just to get help when you need it, it is to reach out to like-minded professionals whose objective is to support you in achieving a low-conflict divorce. Caution is therefore of the essence in selecting the professionals who will see you through your divorce negotiations.

The prize, however, makes it all worth the effort. By having a peaceful divorce, you will be preserving your own and your children’s wellbeing by limiting stress, conflict, and uncertainty. If you are co-parenting, this means you will ultimately find it easier to work together as a team to raise your children going forward and have a much better post-divorce relationship. A peaceful divorce will also help you achieve a much better outcome because it will be one that you agreed to willingly, after careful consideration, not one that was dictated by a third party who doesn’t know you. Unfortunately, the idea that divorce is a war where someone loses and someone wins still dominates mindsets. The reality is that everyone will lose a little and win a little. But when you go to court and turn the process into an open conflict, everybody loses, including your children and your bank account.

Read more articles by Chloe O.

About Chloe O.

“My name is Chloe O., I am an Alternative Dispute Resolution (ADR) professional and a Certified Divorce Coach. I specialise in working with women to help them reduce conflict during and after divorce by improving their negotiation and communication skills with their spouse. The objective is to work towards an amicable divorce outcome in order to minimise the emotional and financial cost of divorce. I work with all types of clients but I have extensive experience in supporting expatriates and international families who are dealing with the unique situation of living abroad during and after their divorce, with limited local family support, language barriers and relocation considerations.”

For more information about my work and services (including my Podcasts, newsletter, myth-buster videos…), you can visit my website and/or follow me on Instagram, Facebook or LinkedIn.

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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach
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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach

Published on
Jennifer Bell
Jennifer Bell
Conflict Resolution Specialist

Going through a divorce can be an emotionally challenging time, but it doesn’t always have to be filled with conflict and animosity. When both parties approach the process with understanding and empathy, an amicable divorce can be achieved. In this article, we’ll explore some valuable tips to help individuals beginning or settling divorce proceedings navigate the path of separation with a gentle, happy, and clear approach. Remember, the support of a compassionate divorce attorney can make all the difference in ensuring a smooth and amicable divorce.

Communication is Key:

Open and honest communication is the foundation of an amicable divorce. Approach discussions with a willingness to listen and understand each other’s perspectives. Keep conversations respectful and focused on finding common ground, allowing you both to move forward positively.

One of the keys to successful communication during a divorce is active listening. When we truly listen to our partners, we validate their feelings and show them that their thoughts and emotions are important to us. It’s essential to set aside distractions during conversations and give each other undivided attention. Avoid interrupting, and instead, take turns expressing your thoughts and feelings. Remember that communication is a two-way street, and actively participating in the process can foster a sense of mutual understanding.

Choose the Right Divorce Attorney:

Selecting the right divorce attorney can significantly impact the tone and outcome of your divorce. Look for a lawyer who prioritises mediation and collaboration rather than confrontation. A compassionate divorce attorney can guide you through the process with care, emphasising mutual solutions and striving for an amicable resolution.

When searching for the right divorce attorney, consider seeking recommendations from friends or family who have been through similar experiences. Look for someone who has experience in handling amicable divorces and values the importance of maintaining a positive relationship between both parties. During your initial consultations, pay attention to their communication style and whether they actively listen to your concerns. Remember that a lawyer who understands the emotional aspects of divorce can provide valuable support and legal guidance.

Prioritise the Wellbeing of Children:

If children are involved, their well-being should always take precedence. Keep their best interests in mind and strive for a parenting plan that ensures a stable and nurturing environment. Co-parenting with mutual respect fosters a sense of security for the children during this transitional phase.

When discussing child custody arrangements, remember that consistency and stability are vital for children’s emotional well-being. Focus on creating a parenting plan that allows both parents to be actively involved in their children’s lives. Be flexible and considerate of each other’s schedules and commitments. If necessary, seek the help of a child specialist or family therapist to ensure the plan’s suitability for your children’s unique needs.

Practice Empathy and Understanding:

Divorce can bring up intense emotions, but try to approach the situation with empathy and understanding. Acknowledge your emotions and allow your partner to express theirs without judgment. Practising empathy can lead to more constructive conversations and pave the way for an amicable settlement.

Empathy involves putting ourselves in our partner’s shoes and trying to understand their feelings and perspectives. When conflicts arise, take a step back, and try to see the situation from their point of view. This approach can help de-escalate tense situations and foster a sense of mutual respect. By showing empathy, you can create a positive environment that encourages cooperation and compromise.

Consider Mediation:

Mediation can be an effective way to resolve disputes in a non-adversarial setting. A skilled mediator can help facilitate discussions and assist both parties in reaching agreements that work for everyone involved. Opting for mediation often reduces stress and legal expenses, making the process smoother for everyone.

During mediation, a neutral third party works with both spouses to identify common goals and explore potential solutions. Mediation sessions provide a safe space for open communication and creative problem-solving. This process allows couples to maintain control over decisions regarding their divorce rather than leaving them in the hands of a judge.

Be Willing to Compromise:

Compromise is essential in any amicable divorce. Focus on finding solutions that meet the needs of both parties, rather than trying to “win” every aspect of the settlement. Being flexible and willing to give and take can lead to a more harmonious resolution.

When discussing issues such as asset division or alimony, consider the bigger picture and the long-term benefits of compromise. Avoid getting fixated on small details that may not significantly impact your future. The willingness to compromise demonstrates a commitment to resolving conflicts peacefully, which can lay the foundation for a positive post-divorce relationship.

Protect Your Financial Interests:

Even in amicable divorces, it’s crucial to protect your financial interests. Be transparent about assets and debts, and work together to divide them fairly. Consulting with a financial advisor can provide additional clarity and ensure a stable financial future for both parties.

Before making any financial decisions, gather all relevant financial documents, including bank statements, tax returns, and investment accounts. With the guidance of a financial advisor, you can analyse your financial situation objectively and create a plan that aligns with your future goals. Additionally, consider updating beneficiaries on insurance policies and retirement accounts to reflect your new circumstances.

Take Time for Self-Care:

Divorce can be emotionally draining, so it’s essential to prioritise self-care. Engage in activities that bring you joy and relaxation, such as spending time with supportive friends and family, pursuing hobbies, or seeking professional counselling if needed.

Self-care during divorce involves nurturing both your physical and emotional well-being. Regular exercise, a balanced diet, and sufficient rest can contribute to better emotional resilience. Surround yourself with a support network of friends and loved ones who can provide emotional comfort and encouragement. Remember that seeking professional counselling can be beneficial, as it provides a safe space to process your feelings and emotions.

Keep the Future in Mind:

Focus on building a positive future for yourself post-divorce. Letting go of resentments and negative feelings can be challenging but is essential for personal growth. Concentrate on the opportunities ahead and the chance to start anew.

Instead of dwelling on the past, embrace the possibilities that lie ahead. Set new personal and professional goals, and take steps towards achieving them. Keep in mind that while divorce marks the end of one chapter, it also opens the door to new beginnings and opportunities for personal growth.

Celebrate Achievements:

As you progress through an amicable divorce, take time to celebrate the achievements you and your partner make along the way. Each step towards a fair settlement and a respectful separation is a milestone to be proud of.

Celebrate moments of compromise and successful communication. Recognise the efforts you and your partner put into maintaining a positive and respectful divorce process. Celebrating achievements, no matter how small they may seem, can reinforce the commitment to an amicable resolution.

Settling an amicable divorce requires a gentle and understanding approach, as well as a commitment to open communication and cooperation. By following these tips and seeking the guidance of a compassionate “divorce attorney,” you can navigate this challenging time with grace and positivity. Remember, putting the well-being of any children involved first and practising empathy can lead to a smoother transition and the chance for both parties to move forward with hope and happiness.

About Jennifer Bell

Jennifer Bell is a recent divorcee, conflict resolution specialist, and writer for divorce lawyers in the Philadelphia area.

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Step-by-Step Process to No-Fault Divorce in the UK
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Step-By-Step Guide to No-Fault Divorce in the UK

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

A No-Fault Divorce is a legal procedure that enables a married couple to end their union without having to establish that one partner was at fault for the marriage’s dissolution. Therefore, neither spouse is required to present proof of infidelity, abandonment, or any other type of marital impropriety.

Understanding the no-fault divorce procedure is important for a number of reasons. For starters, it can dramatically minimise the mental stress and turmoil that is sometimes associated with divorce processes. Couples can focus on addressing issues without having to assign blame. Secondly, it can speed up the divorce process by eliminating the need for long investigations or trials to determine fault. Finally, it allows spouses to keep a sense of discretion regarding the reasons for their divorce, which can benefit all parties involved, particularly children.

Understanding No-Fault Divorce

A no-fault divorce is one in which neither spouse is legally obliged to show that the other is to blame for the dissolution of the marriage. Contrast this with a fault-based divorce, when one side is blamed for bad behaviour like infidelity or abuse. In a no-fault divorce, the couple just needs to say that their union has irretrievably fallen apart and leave it at that.

No-fault divorce, in the history of British family law, is a relatively new idea – coming into effect on 6th April 2022. Societal developments and shifting attitudes regarding marriage resulted in adjustments to divorce laws.

There are various advantages to a no-fault divorce:

  • Reduced Conflict: Not having to prove fault decreases conflict and stress between the parties, which is especially advantageous when children are involved.
  • Faster Procedure: Because there is no requirement for investigations or proof of fault, the divorce process can be expedited.
  • Privacy: Couples can keep their divorce grounds private, which can be less detrimental to their reputations and personal lives.
  • Emotional Well-being: The lessened conflict and accelerated process can benefit both parties and the emotional well-being of any children involved.

Eligibility Criteria

Before you petition for a no-fault divorce in the United Kingdom, you must first grasp the eligibility requirements. This section will walk you through the steps necessary to proceed with a no-fault divorce.

Residency Requirements

In order to petition for divorce in the United Kingdom, at least one spouse must be:

  • Resident in England or Wales, or
  • Domiciled in England or Wales if you are living abroad.

Duration of Marriage

Before you may apply for a divorce in the UK, you must have been married for at least one year.

Mutual Agreement

While mutual consent is not required for no-fault divorce, it can make the process go more smoothly. It might speed up the procedure if both parties agree that the marriage has irreparably broken down.

Grounds for No-Fault Divorce

The sole foundation for a no-fault divorce is that the marriage has irretrievably broken down. However, you are not required to present proof of any misconduct. It is sufficient to indicate that you and your spouse have disagreements that cannot be resolved.

Preparing for the Divorce Process

It is critical to be well-prepared before beginning the process of filing for a no-fault divorce. This section will walk you through the measures you should take to prepare for divorce.

Gathering Necessary Documents

Begin by gathering all of the paperwork you will require during the divorce procedure. These are some examples:

  • Marriage certificate
  • Financial documents (bank statements, tax returns, etc.)
  • Property deeds and mortgage statements
  • Documents related to any debts
  • Pension statements

Seeking Legal Advice

Even in a no-fault divorce, it is important to get legal counsel. A solicitor can assist you in navigating the process, advising you on your rights, and negotiating divorce financial settlements and child custody agreements.

Understanding the Financial Implications

Divorce can have a big impact on your finances. It’s crucial to:

  • Analyse your present financial status.
  • Recognise the costs associated with the divorce procedure.
  • Think about how your debts and assets will be allocated.
  • Make financial preparations for life after divorce.

Considering the Impact on Children and Family

If you have any children, their welfare should be your first priority. Think about how you can lessen the effect of the divorce on them. This can include:

  • Discussing the divorce with your children in an age-appropriate way
  • Making plans for their future residence
  • Ensuring that both parents are available to them
  • Taking into account their emotional needs and, if necessary, seeking counselling

Setting Realistic Expectations

Setting reasonable expectations for the divorce process is critical. Recognise that it can be both time-consuming and emotionally draining. Prepare to negotiate and potentially make compromises.

Creating a Support System

Having a support network in place can be quite beneficial during the divorce process. This could include:

  • Friends and family
  • Support groups
  • Counselling or therapy
  • Legal and financial advisors

Step-by-Step Guide to Filing for No-Fault Divorce

When you are ready, you can begin the process of filing for a no-fault divorce. Here is the divorce process flowchart & a step-by-step guide:

The Divorce Process, Step-by-Step
Divorce process breakdown flowchart.

Step 1: Preliminary Considerations and Preparations

Before filing, make sure you’ve thought about the consequences and are prepared, as outlined in the ‘Preparing for the Divorce Process’ section.

Step 2: Filing the Divorce Application

The ‘petitioner’ is the one who initiates the divorce. The petitioner must fill out a D8 divorce application form, which can be done online or by mail. You will state that the marriage has irretrievably broken down in a no-fault divorce.

Step 3: Serving the Divorce Papers to the Other Party

The other spouse, referred to as the “respondent,” must be served with the divorce papers after the application has been submitted. A copy of the application and a response form will be sent to them.

Step 4: Responding to the Divorce Application

Eight days are given for the respondent to respond to the divorce petition. They can accept the divorce or they can object to it. If they concur, the divorce is regarded as uncontested. If they can’t agree, it will be a defended divorce, which might make things more difficult.

Step 5: Negotiating Settlements and Agreements

Financial settlements, property division, and, if applicable, child custody and support, must all be agreed upon by both parties. You can accomplish this through mediation or a lawyer.

Step 6: Applying for the Decree Nisi

The petitioner may submit a decree nisi application after agreements have been reached. According to this document, there is no legal reason why you can’t get a divorce.

Step 7: Applying for the Decree Absolute

The petitioner may apply for the decree absolute six weeks after receiving the decree nisi. The marriage has been legally ended by this document. The divorce is finalised after this is granted.

Note: Attending Court Hearings (if necessary)

You might need to appear in court proceedings if the divorce is disputed or if there are problems that cannot be settled through discussion.

Post-Divorce Considerations

After the divorce is official, there are a number of things to think about and actions to take to begin your new life successfully.

Financial Planning After Divorce

Following a divorce, your financial circumstances may drastically change. It is critical to:

  • Make a fresh budget that matches your current income and expenses.
  • Bank accounts, insurance policies, and other financial products should all be updated.
  • Consider consulting with a financial professional for advice on managing finances after a divorce.

Co-Parenting Arrangements

Co-parenting will be a significant part of your life after divorce if you have children. Here are some tips for successful co-parenting:

  • Discuss the children with your ex-spouse in an open and courteous manner.
  • Keep the best interests of the children in mind.
  • Be adaptable and willing to make concessions on timing and other difficulties.
  • Consider using co-parenting applications to organise schedules, communicate, and share child information.

Updating Legal Documents

After divorce, it’s important to amend legal documents, including:

  • Your will
  • Beneficiaries on insurance policies and retirement accounts
  • Emergency contacts
  • Any powers of attorney

Focusing on Personal Growth & Wellbeing

Make the most of this period by focusing on personal development and restoring your life.

  • Setting new goals for your career, personal life, and hobbies is one example.
  • Participating in activities that provide you joy and fulfilment.
  • Consider counselling or therapy to help you go through your emotions.

How Can Fair-Result Help you Deal with a No-Fault Divorce?

Overall, divorce proceedings are complex, covering legal procedures, emotional well-being, and huge life changes. Individuals can manage this shift more smoothly if they focus on preparation, knowledge, and support. It is critical to approach the process with clarity and to seek the resources and assistance that are required.

And having the correct assistance and guidance is critical as you negotiate the difficulties of no-fault divorce. Fair-Result is here to help you get through this difficult period. So, if you require legal or financial assistance, feel free to contact our team.

More articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Perception is everything in a court process - being open is always the best option.
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Perception is Everything in a Court Process – Being Open is always the Best Option

Published on
Peter Marples
Peter Marples
Director
Fair Result

Whilst 80% of our cases never see a formal Court process in the context of a FDA, FDR or Final Hearing there are always a few where the Court get’s involved. Never the ones with the most assets to argue about but more often than not truth a total absence of trust between the two parties.

The further down a court process you go, not only is it more expensive but you start to lose control of the outcome. So our motto is always to endeavour to settle your finances without a Judge getting involved.

We have unfortunately been engaged recently in more and more complex cases – very complex, not because the issues are actually complex but because one or both parties decide they want to be economical with their answers to questions or simply don’t want to disclose matters which they believe they an ‘blag’ away and it will never become uncovered. Our job as professionals is to read our clients behaviours and whilst we will always follow instructions we are not frightened at challenging them. Why ? – because If they aren’t truthful or transparent with the information and documents they provide it is more often than not because they want to hide something. Unfortunately very few clients are able to do this and the risks to them are significant.

Judges are there to look at the characters in the case as much as the information in front of them. They inevitably form judgements and an initial perception is one that often sticks in the mind of the judge as easily as it does with us – whether it is our client or indeed the spouse in the case. The biggest risk to an equitable settlement when the Court gets involved is not the numbers themselves, it is how the Judge considers the parties in the matter, whether they come across as credible and honest or do they try and dodge the questions in disclosure. Faced with this perception – it is difficult to overcome and if negative be aware the Court may just find against you when they are formulating directions and ultimately in a final hearing the division of assets. Remember the principle that a claimant should not benefit from being less than honest or open in their dealings with the Court. If a judge considers this, they are perfectly within their rights to find in favour of the opposing party and you might be left with a settlement that is not at all satisfactory. You are then on the back foot as we often say.

So the motto is to be open – it is always the best option because in protracted proceedings, things will be found out and it is our role to probe and press on what we find to the benefit of our clients. Don’t let the Court form a perception of you as someone who is less than open because the likely result is a settled that will not be one you are happy with.

The best solution is to settle matters outside of the Court process. We are focussed on doing just that – that is why over 80% of our cases settle without Court intervention.

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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Ending a Civil Partnership or a Marriage: What are the Differences?
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Ending a Civil Partnership or a Marriage: What are the Differences?

Published on
Alexandra Bishop
Alexandra Bishop
Senior Associate
Kingsley Napley

Civil partnerships were first introduced in the Civil Partnership Act 2004 as a way for same sex couples to have their relationships legally recognised. Since 2019 couples irrespective of sex have been able enter into a civil partnership.

There are no real differences when ending a civil partnership or a marriage, or at least there are very few variations. This seems right given the context in which civil partnerships and same sex marriage came into play – to ensure the equal treatment for men and women regardless of sexual orientation to enter into a legally recognised partnership. This same equality and non-discrimination is reflected in the legal process to end a civil partnership or a marriage and the same legal and financial protection is given to couples when a marriage or civil partnership comes to an end.

Disappointingly, the law that protects those in legally recognised relationships is currently still lacking when it comes to protection for cohabiting couples where there is only a limited ability to make financial claims. As such there is a very real difference between ending a civil partnership or a marriage and ending a relationship that is not legally recognised.

Terminology

In England and Wales, aside from a difference in terminology (if you want to end a civil partnership you apply for a dissolution and if you want to end your marriage you apply for a divorce), the rules and the process for dissolution and divorce are the same.

If parties who are married or have entered into a civil partnership in England are seeking to divorce abroad, however, it is important to take specific advice in that jurisdiction. Whilst opposite sex marriage formed in England and Wales is recognised worldwide, civil partnerships and same sex marriages are recognised in some countries but certainly not all. It will very much depend on the jurisdiction where a couple intends to divorce as to whether that country recognises a civil partnership and as to the rights such couples might have under local law, regardless of the clear position in England.

The process for obtaining a divorce or dissolution

Since the introduction of “no fault” divorce on 6 April 2022 when The Divorce, Dissolution and Separation Act 2020 came into effect, the person applying for a divorce or dissolution only has to confirm within the divorce application that the marriage or partnership has broken down irretrievably and no supporting facts or evidence are required. This welcome change has allowed couples to end their marriages jointly and has removed the need for either party to blame the other for the breakdown of the relationship.

The process now takes place online via a court portal. If both parties agree to a divorce or dissolution then a joint application can be made. Alternatively, if just one party agrees to a divorce or dissolution then a sole application would be made. However, parties can only make the application once they have been married or in a civil partnership for over a year. The next stage of the divorce or dissolution is the application for a conditional order (the first stage of divorce and dissolution) which can be made 20 weeks after the application was issued. Once the conditional order has been pronounced there is a minimum timescale of six weeks and one day before the applicant can apply for a final order (for married couples) and a dissolution order (for couples in a civil partnership), which legally ends a marriage or partnership.

There is a very slight difference in the grounds required to annul a marriage compared to a civil partnership. Annulment is a different way of ending a marriage or civil partnership. Unlike divorce, either party can apply for an annulment in the first year of marriage or a civil partnership, although there needs to be very specific reasons for this. Annulment is very unusual. One of the grounds to be able to annul an opposite sex marriage is that a marriage has not been consummated since the wedding, although this does not apply to same sex marriage or civil partnership. Another reason a married couple could annul is because the respondent had a sexually transmitted disease when they married and the applicant was unaware of it at the time. Again this is not a valid reason to annul a civil partnership. 

Resolving the finances upon a divorce or dissolution

Married couples and couples in a civil partnership have the same financial claims upon a divorce or dissolution under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.  There is no difference in the application of the law in determining a fair and reasonable financial settlement upon a divorce or dissolution. In the context of these financial proceedings, the court has the powers to make the following financial orders: property adjustment orders (transferring properties between spouses or civil partners or a sale of the assets), lump sum orders, pension orders (sharing a pension with your spouse or civil partner) and periodical payments (payments made from one spouse or civil partner to the other to provide income support).

Although the nature of civil partnerships and marriages in terms of their meaning and historical context are very different and couples may have strong reasons for choosing marriage over a civil partnership or vice versa, the legal protections afforded to these couples and the process for ending these relationships are essentially the same.

Read more articles by Kingsley Napley LLP.

About Alexandra Bishop

Alexandra is a Senior Associate in the Family and Divorce team at Kingsley Napley, with experience of all types of private family law work relating to both finances and children.

Alexandra offers practical and realistic advice and provides excellent care for her clients, working through technical legal problems pro-actively to achieve the best possible result.  She has been recognised for her work in Legal 500 2019, one of the leading legal directories in the UK.

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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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How Long Does It Take to Get Divorced and Where Do I Start?
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How Long Does It Take to Get Divorced and Where Do I Start?

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

When considering divorce the first question people often ask themselves is “how long will it take and where do I start?”

Whilst this will most likely be one of the most stressful periods of your life, with very sensible and practical considerations, you can begin a new, and much happier chapter in your life.

In today’s article, Chris Sweetman will be answering those questions and helping you understand how to initiate divorce proceedings.

No-Fault Divorce and the impact on the divorce process

Since April 2022, the whole idea of blame has been removed from divorce. Unreasonable behaviour, length of separation and adultery are all things in the past of acrimonious divorces.

Now, the process has been made much simpler so the separating parties can focus on the most important part of the divorce, including sorting out the finances and ensuring any children are still the number one focus between separating parents.

So now blame has gone, the new process allows for both parties to agree that the marriage has broken down and apply jointly for the divorce – you can still make a solo application if you want, but the new process allows for both.

Whether you apply jointly or individually, the time scales for the divorce process is the same – which takes a minimum of 26 weeks from the date of application to the final order being granted by the court service and your marriage being formally dissolved.

What is the process for divorce?

The process starts with an application, now done online, to the HMCTS Court Service portal. The court receives the application and then issues a notice to the parties for them to acknowledge the divorce process has been commenced.

Once the court is satisfied and both parties are aware the divorce has been applied for, the case must go into a 20-week holding period before a conditional order can be applied for. The thinking behind this is to give the couple one last chance to have a period to reflect on whether they do want to finally end the marriage. In all my years of being involved with the law, I have never come across a couple who in this holding period (in the new regime or previously between Nisi and Absolute) who decide they have fallen back in love again and decide to pull out of the divorce process – but the option is there at this stage.

This 20-week period should be used to effectively sort out financial arrangements and plans for the children. In simple cases, this timetable can often be kept to, but where family finances are a little more complicated and need further investigation, the timetable may slip until all matters are fully resolved.

From experience, the newly drafted divorce process should have been firmer when changing the law last year and say this 20-week period is fixed and all divorces must be concluded within the timetable. My thinking for this is that the flexibility on this period still allows lawyers to drag their feet which only has the impact of driving up costs for clients.

My preference would have been for family finances to have been resolved and then the divorce applied for. Focus the lawyers on resolving the finances quickly and efficiently and then proceed with the divorce.

Once the 20-week period has elapsed, the parties can apply for the conditional, order of divorce which is the beginning of the end road to divorce. The conditional order is granted by the court service and then another 6-week holding period is entered into before the Final order can be applied for dissolving the marriage.

Once the Final order is issued by the court and again this can be applied for online, the marriage is over, and parties are free to get on with the rest of their lives however they wish to.

Final thoughts

So now you know the process of a divorce and the steps you need to take.

You can certainly apply for a divorce yourself – it’s a relatively straightforward process online. But what you need to do, is take some expert advice about the implications of divorce on your children and the division of your marital finances. The divorce process is simple, sorting out life’s complications’ can be more difficult.

Ensure all issues surrounding the division of finances are sorted before the Final Order for divorce is granted, as once this is granted resolving the distribution of marital assets can be more complicated.

Do not forget to talk to an independent lawyer who can provide you with expert advice on all your rights, as they can provide you with guidance on the way the law looks to distribute financial assets and how the court would look to deal with disputed plans for the children.

Most importantly, work with your ex-partner to resolve all matters as amicably as possible – as it will save both parties time, money, and heartache.

Work with your ex-partners lawyers if they have them in a collaborative way to avoid stress and conflict. And be realistic about what you want to achieve in the whole divorce process.

Click here for more articles from Fair Results

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Is it Possible to Vary your Divorce Settlement at a Later Date?

Published on
Eileen Macqueen - Devonshires Solicitors,
Eileen Macqueen heads the family law team at Devonshires Solicitors,

The Court of Appeal recently ordered that a divorced wife should receive additional money from her former husband, despite agreeing a settlement almost 15 years ago.

She was initially awarded £230,000 in 2002 in addition to £1,100 in monthly maintenance. She went on to invest the lump sum in properties, which failed to realise a worthy investment. As a result, she was left in debt and applied to the court for a higher pay-out almost 15 years after the divorce.

The Court of Appeal ordered the ex-husband to increase his monthly maintenance payments to £1,441 as his ex-wife was “unable to meet her basic needs”.

Why was she able to vary her divorce settlement?

Following a divorce settlement, the courts can vary maintenance payments if there has been a significant change in circumstances.

In this case, the court felt that the ex-wife’s inability to “meet her basic needs” fulfilled this criterion. The judge explained that the ex-wife had been “hindered” by health problems since the divorce and she had to support herself whilst raising a child. The judge therefore calculated that the ex-wife needed £1,441 a month to sustain her needs.

It is common for the court to vary the settlement by increasing or decreasing the maintenance allowance, however in this case, the court not only increased the monthly maintenance payment, it also stated that the ex-wife would be awarded this payment for the duration of her life. This may have constituted a variation of not just the amount – but also the term – of the maintenance.

Can I vary my divorce settlement?

In rare occasions, a court can vary a sequence of lump sum payments that are awarded initially. However, it is more common to apply to the court to vary periodic maintenance payments. The court will look at each party’s current and past financial situation before deciding on whether to alter the original settlement.

How can I obtain a divorce settlement that cannot be varied?

It is common for individuals to sacrifice ongoing maintenance payments for a larger proportion of the available capital: a one-off lump sum payment (with the associated dismissal of capital claims) can’t be varied at a later date as a matter of course.

If a settlement does include maintenance, a bar can be included at the time of the divorce which would stop an ex-spouse from increasing the duration of maintenance payments.

How will this affect my case?

This cases raises many questions which will no doubt be brought in front of the Court again, so must be considered by those going through legal proceedings, including:

–        Should an ex-spouse be responsible for their ex-wife/ex-husband’s financial decisions following a divorce?

–        Should the ex-spouse stay completely independent even if this means one party is left in a considerable weaker position than the other?

–        Should there be a time bar on how long an ex-spouse is responsible for maintenance payments?

If you believe that you have a change of circumstance justifying a change in your divorce settlement or have been pursued many years after settling a divorce, then seek legal advice as soon as possible.

About Eileen

Eileen Macqueen is a senior solicitor in the Family Department at Devonshires, one of the UK’s leading full service law firms.

Based at the firm’s office in Finsbury Circus, London, Eileen has qualified as a solicitor-advocate (with Higher Rights of Audience) and can therefore undertake advocacy on behalf of her clients.

She is also a member of Resolution, an organisation of 6,500 family lawyers and other professionals in England and Wales who believe in a constructive, non-confrontational approach to family law matters.

 

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‘Brangelina’ Split and How to Guarantee Privacy During your Divorce Process

Published on
Peter Jones Founder Jones Myers
Peter Jones
Founder
Jones Myers

The media frenzy continues a week after Angelina Jolie filed for divorce from Brad Pitt with every aspect of their lives – and the lives of their children – continuing to be played out in front of millions of people worldwide.

However, irrespective of whether you are Hollywood’s most “golden” couple, divorcing through the courts comes with no guarantee of privacy – as some of the hearings are open to the public and journalists can attend and report details of the proceedings.

They may do so if there is a salacious element, perceived wealth, or accusations of attempts to hide assets – which can be embarrassing and distressing for the couple, as well as their children, parents or business partners.

Our specialist family lawyers advise of three less public routes, outlined below, to take when marriages break down.

Arbitration is a quicker, less emotionally and financially draining alternative to court battles. The press is barred from hearings, which are arranged at clients’ convenience, at comfortable venues, where a family arbitrator rules on who should have what.

Just like a judge, the arbitrator bases his or her decision on relevant facts and evidence – taking into account the views of both parties. The award is final and binding on both parties. Arbitrators are not only qualified in their field – they are also experienced family lawyers who are either former judges or family law barristers or solicitors.

Mediation is also an effective and private way of resolving disputes without the need to go to court. It involves an independent third party – a mediator – who helps both sides come to an agreement.

It is a highly effective method which can result in a swift resolution and save on legal expenses.

Couples often use mediation as a way to explore and discuss issues between them, with the assistance and guidance of an impartial mediator. Because many issues are resolved during mediation, they often find that they save a great deal in legal costs by opting for mediation first.

Collaboration sees couples each appoint their own collaboratively trained lawyer. They meet to work things out and are backed up by support and legal advice. All sign a contract committing them to trying to resolve matters by agreement, without going to court.

The lawyers will agree only to represent the parties within the collaborative process and not in court. This ensures that everyone at the table, not just the divorcing spouses but also their legal representatives are committed to finding an out-of-court solution.

Collaboration places an emphasis on a respectful and dignified resolution, putting any children at the heart of the process, and keeping the details private and confidential.

Divorcing couples who value their privacy are advised to consider these options which are also more cost effective, less traumatic and less prolonged than litigating.

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.

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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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online lawyers

The One about Online Lawyers

Published on
Online lawyers
Alex Williams

Virtual lawyers are not much different from the regular ones. Most people think that lawyers who can be hired online, don’t have the appropriate expertise, which is a huge misconception.

Online lawyers have the same level of expertise and courthouse experience as the lawyers who work from brick and mortar offices. Virtual lawyers have realized the benefits of the digital world and they’ve chosen to shift most of their attorney-client communication to secure online platforms.

In this article we will debunk several myths concerning online law practice and determine the major benefits that hiring an online lawyer can bring.

eLawyering- Requirements and Safety

eLawyering has been a very popular term in legal circles in the last few years. It stands for law practices that deliver their services online.

This field is strictly regulated by American Bar Association or the Solicitors Regulation Authority in the England and Wales. One of the major requirements for online law practitioners is to have a secure section of their website, where clients can register and receive a unique username and password.

Communication in these areas (which are also called secure client portals) is secured with SSL protocols and it is preferable to email communication, because it guarantees client’s privacy.

Secure portals also offer various extra features. In most cases they include secure cloud application that can store documents. This app is used for sharing documents between clients and attorneys, and it uses an external server and encrypted log-in. Some online lawyers also offer live and video chat consultations, as well as some other services that bridge the gap between them and their clients.

Advisory Role

Many online lawyers use their websites to answer the questions of potential clients and give them their legal advice. Most legal advice that the lawyers provide this way are free of charge, and they use this method to prove their expertise and attract new clients. This way even people who don’t need to hire a lawyer can receive an expert advice on legal matters.

This area is also strictly regulated by American Bar Association (all solicitors in England and Wales are regulated by the Solicitors Regulation Authority) and it requires lawyers to follow certain guidelines in order to protect client’s privacy and ensure they are getting the best possible service. These guidelines were introduced in 2003 and approved by the Action of the House Delegates of American Bar Association.

Benefits of Hiring an Online Lawyer

Although most people are not accustomed to online communication with their lawyers, virtual law firms are becoming more popular each year, because people are recognizing the benefits of this type of attorney-client relation. These benefits include:

  • It saves time- Online communication will save you a lot of time, since you won’t need to visit your lawyers at their office.
  • It saves money- Online lawyers offer more affordable rates and since all communication goes through secure client portals, you won’t need to spend money on transportation.
  • Your documents are safer- Law firm office is a busy and dynamic environment, which means that your documents could be easily lost or viewed by unauthorized personnel. Encrypted document apps used by online lawyers are much safer, because they provide a strict authorization, and document backup.
  • It makes online legal proceedings much easier- We are living in a digital age, where various types of legal proceedings are done online. For example, today spouses can start the Oregon divorce online, and this service is also offered in many other states. This way, the lawyers can complete the whole process, without even going to court.
  • You can get legal advice for free- Most lawyers provide free legal advice to potential clients through their websites, emails and social networks.
  • There is less paperwork- You won’t need to make extra copies of your court documents, because cloud app allows you to share digital copies with your attorney and save your money and environment, while doing it.
  • Billing is more transparent- Online lawyers provide you with an easily understandable bill. Most of them use advanced tech to calculate their working hours and provide you with an insight in their work. In most instances they don’t charge you the time they spend on online chatting, which also makes their services much more affordable.
  • You have more payment options- Virtual law firms usually offer more payment options. Their services can be paid for with wide variety of online payment systems.

In 2014 there were 15 virtual law firms in the United States. This is the proof that eLawyering popularity is facing a fast nationwide growth. Legal services require top privacy levels, and since advanced technology managed to provide highly secure communication and document exchange environments, we will witness even bigger growth of eLawyering concept in the future.

 

About Alex

My name is Alex Williams, born and raised in beautiful Sydney. I am a journalism graduate, and a rookie blogger trying to find my luck. Blogs are the perfect opportunity for presenting yourself to wider audience, getting the chance to showcase my expertise and receiving recognition. I am a regular contributor at BizzMark Blog.

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