Yes. We offer MIAMs and family mediation by video conference. This means that in divorce or separation you can still use our expert mediation services to help make settlements over parenting, property and money. You can mediate without leaving home to visit one of our family mediation centres, which people are finding especially helpful given Coronavirus restrictions. Book an appointment using this link.

Yes. Soon after the first lockdown, we moved quickly to offer family mediation by video conference. This is proving popular with clients, who can look to make vital settlements over parenting, property and money without leaving home, and without sitting in a room with their ex.

If you separate from your partner there are a number of things to be considered and decided. For example:

• where you are going to live from now on, and where your partner will live
• if you have children where will they live and what arrangements will there be for them to see the other parent
• what to do about money and possessions you have obtained together – this includes savings and debts

There is no simple ‘one-size-fits-all answer’ because everyone’s situation is different. However, if you need separation advice our expert family mediators can help you settle on all issues relating to money, property and parenting. You can book an appointment here.

It is important to ensure you include consideration of pensions when you face the end of your marriage or civil partnership. Even though you may be some years away from an age where you can access pension funds, these count as assets, just like money you might have in a bank or savings account.

It sometimes feels tricky to get the correct up-to-date information about the value of your pension, but unless you do, you won’t be able to provide the correct financial information that you need.

A pension can be a valuable asset (sometimes the most valuable asset) which has been built up during your time together. Depending upon the length of your marriage and your ages, you will need to consider your income in retirement.

You will hear the term Cash Equivalent (CE) of your pension. This is the figure that your pension provider will produce when looking at the value of the fund. It is the amount that the pension provider would need to produce if the fund was being transferred from one fund to another. Some pension schemes provide the CE figure when producing their annual statements.  It may be necessary to contact your pension provider for the figure.  Unless the pension is in payment, the provider has to produce one CE calculation per year free of charge.

The not-for-profit website Advicenow provides a useful free ‘survival guide to pensions’ on divorce here.

The end of a relationship can be a stressful and emotionally challenging time, and pensions may be the last thing on your mind. Gerontology expert and Professor of Sociology at The University of Manchester, Debora Price, together with Dr Hayley James of UCD, have created an informative video, giving free and factual information on how to reach a fair financial settlement – which can be viewed here. 

You can get divorced if you have been married for one year. The Divorce Dissolution and Separation Act April 2022 introduces “no-fault” divorce which means the only ground for divorce is that the marriage has broken down irretrievably.  You will need to provide a statement to that effect.

Most applications for divorce will now be made online although in some circumstances there is still the ability to file a paper application. Click here to access the divorce application process.

You will need to decide if you want to make a joint application with your ex-husband or wife or if you want to apply on your own.

It will take around 6 months to get a divorce and the cost of applying for a divorce is £593.

Once your application has been accepted by the court you can apply for a conditional order after 20 weeks. The purpose of this break period is to allow couples to put in place arrangements for the children and to make financial arrangements following separation.  You may need support discussing how you are going to work together as parents and how you will separate your finances. Mediation can help you to do this.

To book an appointment complete our application form or call us on 0300 4000 636

At the end of 20 weeks, you can then apply for a final order. The court will grant the final order after 6 weeks.

Usually, you do not need to appear in court personally to get a divorce and you would not have to appear in court if you have reached an agreement about your children and your finances.

The formal divorce process is supposed to take six months before it becomes legally finalised.

However, a number of factors can influence the length, including the complexity of any issues you need to sort out between you regarding parenting, money or property. You are more likely to avoid delays in finalising your divorce if you are able to agree what will happen for the children, your property and finances. Family mediation will help you settle these important issues so you can move on with your life.

To make an appointment with a mediator complete our booking form or call us on 0300 4000 636

Agreements reached in mediation can be used to form the basis of any court order you might need, including a financial order that will provide certainty for the future.

The Covid-19 pandemic has had an impact on the speed at which family courts have been able to operate. This means there are significant delays getting your case into court, if you cannot agree a way forward with your ex and need the court to intervene.

You can get divorced if you have been married for one year. The only “ground” for divorce is that the marriage has irretrievably broken down.

You can apply for a divorce singly, in which case you will be known as the applicant, and your ex-partner known as the respondent, or you can apply for divorce jointly in which case you will both be known as applicants.

In a sole application, the respondent is not able to dispute that the marriage has broken down and can only dispute the application because:

• They dispute the jurisdiction of the court in England and Wales to conduct the proceedings. For example, where neither party lives in or has any other connection with England and Wales;
• They dispute the validity of the marriage or civil partnership. For example, if the parties have not entered into a legally valid marriage;
• The marriage or civil partnership has already been legally ended. For example, if the marriage has already been brought to an end in proceedings outside of England and Wales.
• It will also be possible to challenge proceedings for reasons such as fraud and procedural

Usually, you do not need to appear in court personally to get a divorce.

You can apply for your divorce online at https://www.gov.uk/divorce/file-for-divorce

Or the office at your local County Court who will have the necessary forms to complete.

NFM family mediation services can help you work out arrangements for the children and/or finance and property. Book an appointment with a family mediator here.

There is no such thing as ‘automatic’ divorce. You will need to go through the legal divorce process to achieve divorce.

An application can be made online here : https://www.gov.uk/divorce/file-for-divorce

If you are unable to complete the online process, you can visit your local county court to obtain the relevant forms.

There is only one ground for the dissolution of the marriage. ie. that the marriage has broken down irretrievably.

It generally doesn’t matter who starts the divorce process, and you’re able to make a joint application if that is what you would prefer.

If one of you makes the application the other is notified and has to respond to the application. You will still need to start making arrangements for your children and finances, but the fact that a single or joint application should not make a difference to the court decision providing what you are proposing is fair and the children’s needs are met.

There are other options. You may come across a decree of judicial separation. This can be obtained on the proof of the same five facts as divorce but the decree of judicial separation
does not end the marriage – it just states that you can live separate and apart from each other.

It is sometimes used for religious reasons or where someone does not want a divorce yet they want access to the financial relief claims available.

The marriage could also be annulled. Nullity petitions bring an end to the marriage and the marriage can be treated as void or voidable. Financial relief is also open to the parties to nullity
petitions.

If you do not intend to issue proceedings at this stage then it is possible to incorporate your proposals into a Deed of Separation. As long as there has been full disclosure and you have
received legal advice it is likely that any agreement you record will be upheld by the court at the time when the divorce goes through. If you are not married then your proposals can also be
incorporated into a Deed of Separation.

This is amongst the questions that are most frequently asked when a couple begins divorce planning. It very much depends on your circumstances, and so is not simple to answer.

All sorts of factors will influence the decision about who gets the house, including decisions you make about where the children will live, whether there is a mortgage involved, each person’s financial situation, and so on. Very often it is difficult for a divorcing couple to agree these things.

Whatever the issue, NFM’s family dispute resolution experts can help you settle. So if you need divorce planning help, get in touch. You can book an appointment here.

If you are seeking to dissolve a civil partnership, the process is is the same as for divorce proceedings. The proceedings are started by an application that can be made individually or jointly

There is the conditional and final order, and the grounds are the same – the irretrievable breakdown of the partnership.

Financial matters tie in with the divorce. If you want your proposals to be incorporated in a consent order for the court the divorce must have reached the conditional order stage. The court only
has jurisdiction to make financial orders on or after the conditional order stage, and they are usually brought into effect on final order. With a pension sharing order it is necessary for there to be a final order.

If you are in dispute with your ex, or are having difficulties settling your separation, you may be thinking about court proceedings, and may have heard you need to attend a MIAM.

MIAM stands for Mediation Information and Assessment Meeting, and is sometimes known as a MIAM meeting, or MIAM programme.

Before an application can be made to court, you are required to attend a MIAM. The aim of a MIAM is to see if mediation could be used to resolve your difficulties, rather than going to court.

The MIAM is a meeting between you and a mediator to find out if there are alternative ways to find solutions to your problems.

In the MIAM the mediator will explain to you:

• what your options might be.
• what mediation is, and how it works.
• the benefits of mediation and other appropriate forms of resolving disputes.
• the likely costs of using mediation.
• if you are eligible for free mediation and Legal Aid.

The MIAM can be between the mediator and just you, or with your ex-partner too.

To read more about a MIAM programme use this link

There are no set rules when it comes to decisions about homes and ownership.

You can make whatever arrangement you like with your partner, but it’s wise to bear in mind the legal position and what a court might decide. And the situation varies depending on whether you are married, in a civil partnership or cohabiting

There are very few circumstances where your partner can make you leave your home and both partners have the right to remain in the family home, but courts will give priority to making sure children have a secure home.

If you have day-to-day care of the children, the courts can, for example, order the transfer of a joint lease to your sole name if you rent, or, if you’re a homeowner, state that you can stay in your present home until the kids reach the age of 18

Although your home will probably be the biggest financial concern, decisions about housing will be made in the context of the whole divorce settlement. So, for example, child maintenance payments may include mortgage payments.

Will I need to go to court to stay in my house?

In some circumstances you may need to go to court to protect your rights if you fear losing your home now that you have separated and if you can’t reach an agreement with your ex about housing.

There is no set way of dividing your assets now that you have separated and your housing is likely to be one of the largest assets so it is important that you look at the whole picture before deciding on a single decision about housing. The best way to look at your situation in its entirety is to go to mediation. The mediator will help you draw together all the information you both need to make an informed decision about what to do with your possessions, assets and liabilities and how to divide them. Family mediators will be able to help you reach agreement that will ensure that any agreement you reach is equitable and fair; satisfy the legal requirements for divorce or separation; provide for your individual needs now you are separated; and above all ensure that the children’s needs can be met.

It can be daunting and feel counter intuitive to think sitting in a room with your ex sorting out your once shared life will be possible, but mediation works. The mediators are highly trained and skilled at helping you navigate through the decisions you will need to make even if you are no longer on the best of terms
The benefits of mediation are that you will be able to discuss everything that is of concern to you from the smallest detail such as who gets the silver teaspoons to the biggest things like the house, pension, boat, bike, car etc. It means you will be able to tailor your agreements and decisions to meet your unique needs and those of your family whereas going to court often results in decisions being made that don’t really suit anyone’s needs.

Remember also that legal aid is still available for family mediation. You will have to find a mediator who has a legal aid contact and be means tested for eligibility. If you are eligible then mediation is free of charge.

In the unlikely event mediation does not help you come to an agreement, you may need to go to court. The court might order that:

• Ownership stays the same, but one of you is given the right to stay in the property until a fixed point (for example, when your youngest child reaches 18)
• Ownership of the home is transferred to one of you, with perhaps a lesser share of other possessions
• The home is transferred to one of you but with a charge secured on the property, so that the other party receives a set percentage when the home is sold
• The home is sold and the proceeds split between you, in whatever proportions seem fair, for you both to start afresh
• Ownership is transferred to your child.

Selling the family home is often seen as the easiest option if you’re splitting up.

But there can be problems: for example, you might have trouble finding a buyer, or be caught in negative equity (when the value of your home is less than the amount you owe on the mortgage). This could make it impossible to sell and split the proceeds.

You might also struggle to get a mortgage on a new property, especially if you have only a small deposit or if your income is low.

You may need to consider other options, such as one of you staying in the property while the other rents, or living together in the family home in the short-term.

Before you make a decision:

• Budget carefully before committing to a housing arrangement. No matter how tempting it may be to stay in your family home, make sure you can afford to continue living there
• Check out mortgage options, what’s available and what you can afford. Some building society and banks offer Fresh Start mortgages for people starting anew
• Find out if you’re eligible for state benefits to help with your housing costs
• Accept that your lifestyle will change, at least for now, and be prepared to compromise.

The Separated Parents Information Programme (SPIP) is designed to help you learn more about the challenges of post-separation parenting. The SPIP provides advice and guidance about how best to help yourself and help your children in your situation.

You can read more about the SPIP using this link

You can find your nearest SPIP provider on the Cafcass website