Family Mediation Bureau

24/01/2024

THE MATRIMONIAL CAUSES ACT

Understanding the Legal Framework

1. The Matrimonial Causes Act: This is the primary legal document governing divorce and the associated financial provisions in England and Wales. It sets out the grounds for divorce and how financial assets should be dealt with.

2. Fair and Equitable Division: The court's main objective is to ensure a fair and equitable division of assets. This doesn't always mean a 50/50 split; rather, it considers what is fair given the couple's circumstances.

3. Factors Considered by the Court: When deciding how to divide assets, the court considers various factors, including the duration of the marriage, the age and health of each party, their income and earning capacity, and contributions made by each party (including non-financial contributions like homemaking and childcare).

Role of Mediation in Asset Division

1. Encouraging Agreement: Mediation is a process where a neutral third party assists the couple in reaching an agreement. It is less adversarial than court proceedings and can be more amenable to finding solutions that work for both parties.

2. Understanding Needs and Interests: Mediators help couples understand their own and each other's needs and interests. This understanding can be pivotal in reaching a fair division of assets.

3. Flexibility and Creativity: Unlike the court process, mediation allows for more creative solutions that can be tailored to the specific needs of the family.

Steps for Divorcing Couples

1. Disclosure of Financial Information: Full and frank disclosure of all financial assets is a prerequisite in mediation as well as in court proceedings. This includes income, properties, savings, investments, pensions, and debts.

2. Assessing Contributions and Future Needs: Couples should consider their contributions to the marriage and their future needs, including housing, income, and pension provision.

3. Considering the Welfare of Children: If children are involved, their welfare is the court's paramount consideration. This includes their financial needs, housing, and how their upbringing should be financed.

4. Legal Advice: While mediators can guide and facilitate discussions, obtaining independent legal advice is crucial. A lawyer can advise on legal rights and ensure that any agreement is in line with what a court would consider fair.

5. Documenting Agreements: Any agreement reached should be documented and, ideally, made legally binding by a court order. This helps prevent future disputes.

Understanding the principles of the Matrimonial Causes Act and how assets are divided in a divorce can be complex. Mediation offers a less confrontational path and can lead to more tailored solutions. However, it's important for divorcing couples to also seek legal advice to ensure that any agreement made is fair and by the law. Remember, the focus should always be on finding a balanced solution that respects the rights and needs of both parties and, importantly, any children involved.

10/01/2024

FAMILY MEDIATION WEEK: 22 – 26 January 2024

January often witnesses a marked increase in the number of parents opting for separation, influenced by the strains associated with the festive season. This pivotal decision leads to a multitude of challenging enquiries.

Family Mediation Week is dedicated to raising awareness of the advantages of family mediation, a process that assists ex-partners in reaching amicable agreements. This method circumvents the often stressful, protracted, and costly court proceedings, focusing instead on collaborative solutions.

After the Christmas period, many parents confront heightened pressures on relationships and finances. Family Mediation Week provides essential insights into these intricate issues, offering separating parents information about their choices regarding parenting, property, and financial arrangements.

Family mediation involves a neutral, professionally-trained mediator who facilitates dialogue, empowering individuals to devise tailored, enduring solutions for their unique situations, rather than relying on court-dictated decisions.

The Ministry of Justice’s Family Mediation Voucher Scheme also plays a vital role, subsidising up to £500 of mediation costs for families needing to discuss arrangements for children.

Furthermore, Legal Aid remains accessible for family mediation.
This crucial week, from Monday, 22nd to Friday, 26th January 2024, is organised by the Family Mediation Council (FMC). The FMC is a non-profit organisation dedicated to promoting family mediation for the public's benefit. It's important to note that the FMC does not provide mediation services itself.

Upcoming Public Events:
https://www.familymediationcouncil.org.uk/fmw/family-mediation-week-events-for-the-public/

Tuesday, 23 January, 5:30 PM – 6:30 PM: "Navigating High Conflict Personalities in Family Mediation" with Bill Eddy, Elaine Richardson & James Evans.
Event Details and Registration

Wednesday, 24 January, 12:00 PM – 1:00 PM: "A Transition to Family Mediation" - A conversation with former BBC News Presenter Joanna Gosling, now a family mediator, alongside Claire Filer & Sarah Manning.

Event Details and Registration

Join us for this important initiative to explore peaceful resolutions and informed decisions during Family Mediation Week.

02/01/2024

HOW TO SUPPORT CHILDREN DURING SEPARATION AND DIVORCE
The journey through a parent's separation or divorce can be a turbulent time for children. It's a pivotal event that shapes their emotional and developmental well-being. Understanding how they perceive and navigate this change is key to offering them the support they need.

👶 Infants and Toddlers (0-3 Years):
Limited grasp of the situation but sensitive to changes in routines and emotions.
They might show distress through changes in eating, sleeping, or by becoming clingier.
🌈 Support Tips: Maintain consistent routines, offer extra comfort, and ensure both parents spend quality time with them.

🧸 Preschoolers (3-6 Years):
Starting to understand, often feel responsible, and fear being left alone.
Expressions might include changes in play themes or repetitive questions.
🌈 Support Tips: Have reassuring conversations, maintain regular contact with both parents, and keep a consistent routine.

📚 School-Aged Children (6-12 Years):
More aware but may face loyalty conflicts and worry about practical changes.
Signs include mood swings, changes in social behavior, or taking on caretaking roles.
🌈 Support Tips: Encourage open communication, keep their life as consistent as possible, and stay involved in their activities.

🧑‍🤝‍🧑 Adolescents (13-18 Years):
Fully understand the situation, often with intense emotions and concerns about their future relationships.
May react with anger, defiance, or withdrawal; risk-taking behaviors can also surface.
🌈 Support Tips: Respect their independence while supporting them, encourage connections with both parents, and provide emotional expression outlets.

🌟 Conclusion:
Supporting children through a parental separation or divorce is critical for their resilience. Paying attention to their emotional needs and seeking professional help when necessary can make a significant difference.

🔗 Additional Resources:

American Psychological Association – Divorce and Children
Child Mind Institute – Helping Children Cope with Divorce
KidsHealth – How to Talk to Your Kids About Divorce

Share your thoughts and experiences below, and let's support each other through these challenging times.

03/07/2023

THE DIVORCE PROCEDURE. ENGLAND AND WALES
Explore a comprehensive guide to understanding the divorce procedure, including crucial steps such as filing the application, service of process, negotiations and mediation, application for conditional and final orders, and more.
1) Filing a Divorce Application: The divorce process starts when one party (the applicant) files a divorce application to the court. Under the new law introduced by the Divorce, Dissolution and Separation Act 2020, the couple can jointly apply for a divorce if they wish. The application will explain that the marriage has broken down irretrievably, but it does not need to attribute blame to either party, following the "no-fault" principle.
2) Service of Process: The court sends the divorce application to the other spouse (the respondent), who will acknowledge receipt.
3) Negotiations: If there are disagreements over financial matters or child arrangements, the couple might enter into negotiations to try and reach an agreement. This can be done through solicitors or directly between the parties. If agreement cannot be reached, the couple may decide to attend a Mediation Information and Assessment Meeting (MIAM).
4) Mediation Information and Assessment Meeting (MIAM): Before applying to court to resolve disputes over finances or children, it is generally required that the applicant attends a MIAM. In this meeting, an authorised mediator provides information about mediation and other forms of alternative dispute resolution. The purpose is to assess whether mediation or another form of dispute resolution might be appropriate for resolving the issues. There are certain exceptions, such as cases involving domestic abuse or where there's an urgent issue that requires immediate court attention.
5) Mediation: If mediation is deemed suitable, it can begin. Mediation is a process where an impartial third party (the mediator) helps the couple discuss and negotiate their disagreements constructively. The mediator does not make decisions but facilitates conversation to help the couple reach an agreement.
6) Decision of the Court: The court will consider the divorce application. If it is satisfied that the marriage has broken down irretrievably, it will issue a conditional order of divorce.
7) Conditional Order: This is the first legal step that confirms the court sees no reason why the divorce cannot proceed. A copy of the conditional order will be sent to both parties. After receiving the conditional order, there is a statutory waiting period of not less than 20 weeks from the start of proceedings before the applicant can apply to move to the next step.
8) Application for a Final Order: After the 20-week waiting period, the applicant can apply to have the conditional order made final. There must be a period of not less than 6 weeks and 1 day between the conditional order and the final order application.
9) Final Order: The court will grant the final divorce order, legally ending the marriage. Copies are sent to both parties. This used to be referred to as the decree absolute under the previous law.

This process is designed to help reduce conflict, but divorce can be a complex process that depends heavily on individual circumstances. Always seek legal advice when going through a divorce.

27/06/2023

THE WELFARE OF A CHILD

When discussing child arrangements, the welfare principle is a crucial concept to understand. It revolves around ensuring the well-being and best interests of the child.
The Welfare Checklist under Section 1(3) of the Children Act 1989 outlines the factors that courts consider when making decisions about the welfare of a child.

1. The child's wishes and feelings: The court takes into account the child's opinions and preferences, considering their age and maturity. It's important to understand what the child wants and how they feel about the situation.
2. The child's physical, emotional, and educational needs: The court considers the child's basic requirements for their well-being, including their health, safety, and education. They assess whether any decisions made will meet these needs adequately.
3. The likely effect of any changes in the child's circumstances: The court examines how different options or decisions may affect the child's life. They consider the potential impact of changes in their family, living arrangements, or daily routine.
4. The child's age, gender, background, and any other relevant characteristics: The court acknowledges that each child is unique and considers factors such as their age, gender, cultural background, and any special needs they may have.
5. Any harm or risk of harm to the child: The court looks at the child's safety and welfare, evaluating any risks or potential harm they may face. Protection from physical, emotional, or psychological harm is of utmost importance.
6. The capability of each parent (or relevant individuals) to meet the child's needs: The court assesses the ability and willingness of each parent or relevant individual to care for and provide for the child's needs. This includes factors like parenting skills, availability, and lifestyle.
7. The range of powers available to the court: The court considers the available options and resources to ensure the child's welfare. They explore different courses of action, including any support services or interventions that may be appropriate.

This explanation may not cover all the intricacies of the law, and it's always advisable to consult a legal professional for specific guidance in legal matters.

07/06/2023

RESOLVING CONFLICT AMICABLY
Going through a divorce or separation can be a difficult and emotional time. Family mediation offers a caring and safe environment where you and your ex-partner can work together to resolve conflicts in a friendly and supportive way.

During mediation sessions, mediators act as neutral facilitators, creating a safe space where you can openly express your concerns, needs, and priorities. We understand that your children's well-being is of utmost importance, and we ensure that their best interests remain at the heart of all discussions.

Mediation helps you find common ground and explore solutions that work for both of you. We know that every family is unique, so we take the time to understand your specific circumstances and guide you in developing co-parenting arrangements that meet your family's needs.

What sets mediation apart is that you have a say in shaping your co-parenting future. Unlike going through the courts, where decisions may be imposed upon you, mediation empowers you to actively participate in the decision-making process. Together, we can create a plan that takes into account your individual circumstances and promotes a cooperative and child-centred approach.

23/05/2023

DOMESTIC VIOLENCE
Sometimes it is difficult to accept that the person closest to us is causing us harm. Just a few questions to ask yourself:
1. Have you experienced any instances of physical violence or threats of physical harm from someone you are close to or live with?
2. Has this person ever forced or coerced you into engaging in sexual activities against your will?
3. Do you feel that your access to finances, transportation, or communication with others is being controlled or limited by this person?
4. Have you felt afraid, intimidated, or constantly on edge when around this person?
5. Does this person display extreme jealousy or possessiveness towards you?
6. Have you been subjected to frequent belittling, humiliation, or insults by this person?
7. Has this person ever destroyed or damaged your personal belongings or property?
8. Do you feel isolated or cut off from friends and family due to your relationship with this person?
9. Have you noticed a cycle of apologies, promises to change, followed by a return to abusive behavior?
10. Have you ever been prevented from seeking medical attention or receiving necessary healthcare by this person?

This is just a list, and each situation is unique. If you find yourself answering "yes" to any of these questions or have concerns about your safety, please prioritise your well-being and consider reaching out to a professional or a helpline in your country for guidance and support. It's not okay

05/05/2023

HOW TO PREPARE FOR FINANCIAL MEDIATION

1. Be prepared
2. Be cooperative
3. Be open-minded
4. Listen actively
5. Be respectful
6. Find a mediator

Getting divorced is difficult on its own but taking rational decisions about your finance at a time of high emotions is another level of challenge. Divorced partners can make financial family mediation most effective by being prepared, cooperative, and open-minded. Here are some specific tips:

Be prepared: Before the mediation session, gather all the relevant financial documents, such as bank statements, tax returns, and retirement account information. Also, consider your financial goals and priorities, and think about what you are willing to compromise on and what is non-negotiable.

Be cooperative: Mediation is a voluntary process, so both partners must be willing to participate and work together towards a resolution. Avoid making unrealistic demands or ultimatums, and instead focus on finding common ground and reaching a mutually acceptable solution.

Be open-minded: Mediation is a flexible and creative process, and there may be multiple ways to resolve a financial dispute. Be willing to consider different options and solutions, even if they are not what you originally had in mind.

Listen actively: Effective communication is key in mediation. Listen actively to what the other person is saying, and ask clarifying questions to ensure that you understand their perspective. Avoid interrupting or becoming defensive, and stay focused on finding solutions.

Maintain civility and respect: Divorce can be a highly emotional process, but it is important to maintain a civil and respectful tone during mediation. Avoid making personal attacks or bringing up past grievances; instead, focus on the issues at hand.

Work with a skilled mediator: Choosing the right mediator is critical to the success of financial mediation. Look for a mediator who has experience in divorce and financial matters and can guide you through the process with impartiality and expertise.

By following these tips, divorced partners can make financial family mediation the most effective and increase their chances of reaching a mutually acceptable resolution.

28/02/2023

"CHILD MAINTENANCE: FEES, ENFORCEMENT, and ARREARS" Jan, 2023
Parenting is not easy, co-parenting with your ex- could be even more challenging. To be able to delegate at least the financial part of that looks like a good deal to me.
"Child Maintenance: Fees, enforcement, and arrears" is a government document that provides information for parents who need to pay or receive child maintenance. It outlines the fees associated with the Child Maintenance Service (CMS) and the enforcement methods that can be used to collect unpaid maintenance.

Some of the most important points for parents include:

Fees: There are fees associated with using the CMS, which include an application fee, collection fees, and enforcement charges. These fees can be waived in certain circumstances, such as if the paying parent is on a low income.

Payment methods: The CMS offers several payment methods, including direct debit, bank transfer, and PayPoint. Parents can choose the method that works best for them.

Enforcement: If a paying parent fails to make child maintenance payments, the CMS has several enforcement options available. These include taking money directly from the paying parent's earnings or bank account, taking legal action, or even imprisonment in extreme cases.

Enforcement measures can include:
• Deduction from earnings: the Child Maintenance Service (CMS) can contact the non-resident parent's employer and arrange for child maintenance payments to be deducted directly from their earnings.

• Deduction from benefits: if the non-resident parent is receiving certain benefits, the CMS can arrange for child maintenance payments to be deducted from these benefits.

• Taking legal action: if a non-resident parent refuses to pay child maintenance, the CMS can take legal action against them, which can result in a court order being made for payment or even imprisonment in extreme cases.

• Seizure of assets: the CMS can also apply to the court for an order to seize the non-resident parent's assets, such as property or vehicles, to pay the outstanding child maintenance.

It's worth noting that enforcement measures should always be seen as a last resort, and the CMS will usually try to work with non-resident parents to agree on a payment plan before resorting to enforcement. However, if a non-resident parent consistently fails to pay what they owe, enforcement measures may become necessary to ensure that the child or children in question receive the financial support they need.

Arrears: If a parent falls behind on their child's maintenance payments, they will owe arrears. The CMS can take enforcement action to collect these arrears, and in some cases, interest may be added to the amount owed.
Appeals: Parents have the right to appeal decisions made by the CMS if they believe they are unfair or incorrect. The document provides information on how to make an appeal and the grounds on which an appeal can be made.
Overall, the document provides important information for parents who are paying or receiving child maintenance, including details on fees, payment methods, enforcement options, and appeals.

24/01/2023

WHY SHOULD A LAWYER SEND YOU TO FAMILY MEDIATION
A lawyer's primary duty is to act in the best interests of their client. Mediation is often a quicker and less expensive alternative to traditional litigation, and can also help to maintain relationships between parties. If a lawyer does not advise their client to consider mediation, they may not be fully considering all options and fulfilling their duty to act in their client's best interests. Additionally, Mediation can be a more effective way to resolve disputes as it allows for more flexibility and creativity in finding a solution that is mutually acceptable to all parties.

A professional family mediation service in Hart District providing financial, child and all purpose family mediation. Our qualified mediators will conduct The MIAM (The Mediation Information and Assessment Meeting), prepare your Open Financial Statement, Memorandum of Understanding and Parenting Pla...

19/01/2023

Mediation is a common sense, practical and deeply human process in which people get together to find their way to a workable solution.

A.F. Acland

17/01/2023

MIAM

A MIAM (Mediation Information and Assessment Meeting) is a meeting that is required before an individual can apply for certain types of court orders related to family disputes such as divorce, child arrangements and financial matters in England and Wales.
It is an opportunity for the individual to find out about the different types of family dispute resolution, including mediation, and to assess whether it may be suitable for their case. The MIAM is conducted by a trained mediator, who will provide information about the process and its benefits, and assess whether mediation is appropriate for the individual's case.
Some important things to consider about a MIAM include:
* It is a requirement: Before applying to the court for certain types of family orders, it is necessary for an individual to attend a MIAM and consider other forms of dispute resolution such as mediation.

* It is voluntary: Attending a MIAM is voluntary and the individual can choose not to attend one. However, if they decide not to attend, they will need to give a reason why and the court may ask for it.

* Assessing suitability: The MIAM is an opportunity for a trained mediator to assess the suitability of mediation for the individual's case, and for the individual to find out more about the process and its benefits.

* Exploring options: MIAMs are a chance for the individual to explore different options for resolving the dispute and choose the one that best suits their needs.

* Keeping the court informed: The mediator will provide a form, which will confirm that the MIAM has taken place and that the individual has considered mediation as an option. This will be provided to the court if the individual decides to apply for a court order.

Overall, a MIAM is an important step in the process of resolving family disputes as it provides an opportunity for individuals to find out about mediation and other forms of dispute resolution, and to assess whether it may be suitable for their case.