WHAT IS A NO-FAULT DIVORCE?

Rachael Oakes and Claire Colbert, founders of Family Mediation & Mentoring LLP, explain the new law and share advice for dealing with a family break-up.

Most divorces are currently based on adultery or unreasonable behaviour, and you must list examples. Often framed as ‘fault-based divorce’, this causes upset to parties and children.

The process of no-fault divorce (coming into effect in April) means reasons for the breakdown of the marriage will no longer be necessary. Couples will be able to file a joint application, so one person doesn’t have to file papers against the other.

TAKE IT SLOWLY Before filing for divorce, get information to help you make decisions. There are different options, including traditional mediation, hybrid mediation, arbitration and collaborative practice.

CONSIDER FAMILY MEDIATION This is where the couple comes together and provides full financial disclosure, then discusses options to reach an

agreement and stay out of court. If the couple have lawyers, they can join the meetings, too. After a couple has been to mediation, the mediator drafts documents on what’s been discussed so parties can get legal advice.

GIVE CHILDREN A VOICE Childinclusive mediation isn’t suitable for all situations, but it can help couples reach an agreement if a specially qualified mediator can meet with the children.

KEEP AN EYE ON COSTS A mediator can help sort out financial proposals and arrangements for children. A lawyer can then prepare a court order for approval by a judge. Find a lawyer who will do this for a fixed fee. The average cost of a court-based divorce is over £30,000pp. The average cost of a mediation case is £3,000 to £5,000 per couple.

• familymediationandmentoring.co.uk