What does family mediation mean in divorce

Posted on January 24, 2024

In a further attempt to prevent courtroom conflicts couples are being urged to consider mediation, as part of Family Mediation Week 2024,* but as always solicitors are urging clients to look beyond the separation, consider life after divorce and seek independent legal advice alongside mediation.

“Mediation can assist in resolving issues around children, but money, property and pensions can form part of the negotiations, sometimes it even comes down to who gets to look after the family pet. However, only a financial clean break order lets each party get on with life,” said Divorce and Family Law Solicitor, Lucinda McWatt.

“Traditionally January was always a busy time for divorce solicitors, after that last family Christmas, but with no-fault divorce now 2 years down the line couples who have children and other assets to consider and want to do things even more amicably can consider mediation as means of resolution,” she added.

Divorce and life-changing decisions

With divorce and separation comes a series of life-changing decisions and many tough questions:

Who lives where?
Where will the children live, and how will we make sure we each spend time with them?
How will we sort money?
What about debts and pensions?
Even what happens to the family pet?

Family Mediation Week

Family Mediation Week aims to raise awareness of the benefits of family mediation, a process that can help ex-partners agree on what works for them and the future benefits of their family, with the help of a professionally trained mediator.

“In mediation an independent, professionally-trained mediator helps couples work things out together, enabling you to avoid courtroom confrontation and all the stress, delay and cost it can bring.

“Professional mediators help you to create long-term solutions for your particular circumstances, rather than leaving it to a court to make decisions for your family. Of course when it comes to looking at finances and property post-divorce only a court can make an order for a clean break for finances and pension sharing,” said Lucinda McWatt.

Lucinda is an accredited Resolution specialist in Complex Financial Provisions on Divorce and Dissolution of Civil Partnerships and is more than aware that when it comes to a family split the couples’ current income and assets have to be divided between two households and even if the couple are using mediators, or doing a self managed online no-fault divorce it pays to get good financial advice.

“However they have gone about it many clients wrongly presume that divorce is a full and final break, but of course that is not always the case financially, and the right for a spouse to claim financial provision against you does not end with your divorce. A family solicitor is aware of this and we would always advise that a financial order is obtained,” said Lucinda.

“Of course once the welfare of any children is sorted the next priority for divorcing couples has to be finances and with the right legal advice you can ensure you achieve a clean break and that you are not left vulnerable to a claim from your spouse in the future and can get on with your life.”

How can we help?

If you need advice on how to manage your finances during a divorce and how your pension is affected by separation our specialist family law solicitors can help, call 0161 785 3500 or enquiries@pearsonlegal.co.uk.

*Family Mediation Week is an annual event in the United Kingdom aimed at raising awareness about the benefits of mediation in resolving family disputes. This event typically takes place in January each year. Family mediation is a process where an impartial third party, known as a mediator, helps individuals in a family, particularly those going through separation or divorce, to communicate effectively and reach mutually acceptable agreements on various issues, such as child custody, financial matters, and property division.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.