Navigating family law in the UK can feel overwhelming, especially during challenging times like divorce or child disputes. Knowing how the family court system operates and the available options can help you understand what to expect and explore solutions like mediation to resolve issues amicably. Here’s a friendly overview of how family court works in the UK, covering essential steps such as MIAM (Mediation Information and Assessment Meeting), family mediation, divorce process in the UK, financial remedy orders, and child arrangement orders.
1. Starting the Process: Divorce and Separation in the UK
When a marriage breaks down, the first step is usually applying for a divorce in the UK. This involves submitting a divorce petition to the family court, which then processes the application. The court will verify that the legal grounds for divorce are met, typically on the basis of irretrievable breakdown of the marriage. Understanding the divorce process in England and Wales can help you prepare for what’s ahead.
2. The Role of MIAM (Mediation Information and Assessment Meeting)
Before making certain applications to the family court, couples are often required to attend a MIAM (Mediation Information and Assessment Meeting). This is a mandatory meeting with a qualified family mediator to discuss the possibility of resolving disputes through family mediation rather than court proceedings. The aim is to encourage amicable solutions for child arrangements and financial settlements, saving time, stress, and legal costs.
Why attend a MIAM?
- It helps couples understand family mediation as an alternative to court
- It assesses whether mediation is suitable for their situation
- It is often a mandatory step before applying for child arrangement orders or financial orders
3. Family Mediation: Resolving Disputes Amicably
Family mediation in the UK involves a neutral mediator helping both parties communicate and negotiate child custody arrangements, financial settlements, and property division. Mediation is confidential, voluntary, and designed to foster cooperation, often leading to quicker and more amicable resolutions.
Common issues addressed in family mediation:
- Child arrangements (who the children live with, visitation rights, parenting plans)
- Financial disputes (division of assets, pensions, maintenance)
- Property and asset division
If mediation is successful, couples can reach an agreement without needing to go to court. If not, they can proceed with formal court applications for Child Arrangement Orders or Financial Remedy Orders.
4. Court Applications: Child Arrangement Orders and Financial Remedy Orders
When disputes cannot be resolved through mediation, parties may apply to the family court for specific orders:
- Child Arrangement Order: This order determines where children will live, visitation rights, and other arrangements concerning their welfare. The court’s primary concern is always the best interests of the child.
- Financial Remedy Order: This order decides how assets, property, and pensions are divided following divorce or separation. The court considers factors like income, savings, property, and financial needs to reach a fair settlement.
5. The Court Process in Family Law
Once applications are made, the family court process involves reviewing evidence, holding hearings, and possibly mediating further. The family judge aims to make decisions that prioritize the welfare of children and ensure fair financial settlements.
6. Finalising the Orders
After considering all evidence and arguments, the court issues the relevant child arrangement and financial remedy orders. These are legally binding and enforce
The Family Mediation Voucher Scheme is a government initiative in the UK designed to make family mediation more accessible and affordable for those going through separation or divorce.
What is the Family Mediation Voucher Scheme?
It provides eligible individuals with vouchers that cover part of the cost of attending family mediation sessions. This helps reduce the financial barrier for couples who want to resolve disputes amicably without going to court.
Who is entitled to the scheme?
The scheme is typically available to individuals who meet certain criteria, such as:
- Being on a low income or receiving certain benefits (like Universal Credit, Income Support, or Housing Benefit).
- Having a household income below a specified threshold.
- Being referred by a family solicitor or a court, or sometimes through local family justice services.
How does it work?
Eligible participants receive vouchers that can be used to pay for mediation sessions. The vouchers significantly reduce the cost, making mediation a more affordable option for many families.
Why is the scheme important?
It encourages more families to consider mediation as a first step in resolving issues related to child arrangements and financial disputes, helping to avoid lengthy and costly court proceedings.
If you’re interested or think you might qualify, speak with us to find a local contact or for your local family justice service to learn more about eligibility and how to access the vouchers. Please see the link below