In the UK, since April 2022, there has been an overhaul in divorce law. This is because the no-fault divorce has now finally come into effect, meaning that you can legally separate from your partner without there needing to be a reason, such as adultery or unreasonable behaviour.

The aim of this change is to make divorce simpler and more amicable, which has a better long-term impact, especially if there are children involved.

But if you and your partner are undertaking a no-fault divorce, you may be confused as to why you are still advised to attend mediation. In this article, we will seek to explain the reasons and the benefits of this process.

At Prentice Family Law, our divorce solicitors in Guildford are up to speed on the new legislation surrounding no-fault divorces and will be happy to meet with new clients who want to undertake this legal proceeding. We will always aim to explain the process in jargon-free language so that you can make sense of it, and we will do our best to get the most amicable solution between you and your former spouse.

So what are some of the most common questions that our divorce solicitors in Guildford are asked about mediation, and how it is linked to divorce?

Are the agreements made during mediation binding?

When you attend mediation with our divorce solicitors in Guildford, the aim will be to come to arrangements regarding assets, child access and the settlement of debts. As such, the agreements made during mediation should be followed by you and your former spouse.

However, the agreements are not legally binding, but if these are made voluntarily, they are more likely to last. Concerning financial agreements, you may want to contact our team about making a consent order, which is legally binding and fits into mediation proceedings well.

Where will the meetings take place?

When it comes to mediation in 2022, the process can be done remotely via zoom; this saves time and money and allows everyone to meet, even if you or your partner are abroad at the time of the meeting.

What happens if my ex refuses to attend?

Unfortunately, as the mediation process is voluntary, your partner may choose not to attend these meetings, but they will be invited to an individual meeting by our team if we are representing you. Therefore, they can decide whether they believe the mediation process would be helpful or not. If they continue to not attend these meetings, then that is legally their choice and there is nothing we can do.

Is mediation always needed?

In most cases, mediation is not necessary; because of the no-fault divorce law, many people can make amicable agreements concerning children and assets. However, as mentioned earlier, some partners may simply refuse to attend. Our team will work with you and assess whether or not mediation is appropriate for your divorce.

Do I need a solicitor?

When it comes to mediation regarding child access and finances, these will impact the rest of your and your children’s lives. So we strongly advise that you seek our legal expertise to help get the best result from this process for everyone.