This year could see the rise of amicable separation – with an increase in more cordial divorces. In April 2022, new legislation. known as no fault divorce meant that instead of having to attribute blame to one party, a couple could mutually cite ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce. Now, the legislation has settled in, and mediation is recognised as a cost-effective and ‘empowering’ way to separate.
Achieving an amicable divorce through mediation
Mediation offers divorcing couples a chance for a win-win resolution that involves spending less time and money – allowing them to feel truly empowered in their decisions. With the introduction of no-fault divorce effectively ending ‘blame-game’ tactics, it could mean that this is the year that more couples go their separate ways – more harmoniously.
Every January marks the renewal of discussion around divorce day, or D-Day – the name given to the first Monday of the year when there is an influx of divorce enquiries following an unsettled Christmas break. Then headlines emerge citing ‘the surge in marriage breakdowns’, ‘the top reasons for splitting up’, and revealing the cost and wait times of going to Court.
Headlines like these don’t always tell the whole story and it is important to shift the focus of the new year onto ways divorce can be handled in a more positive way. While mediation has been around for many years, it’s about preserving good relations between couples as well as their wider families during the process.
While it may be true that divorce rates increased because of the no-fault law, mediation offers the potential for a similar increase in positive resolutions. Whilst mediation may not always be possible, depending on the circumstances of a relationship breakdown, for those it does help, the process is hugely rewarding. At Nelsons, our expert family Law team has dealt with a number of complex cases where clients have exhausted other options, but mediation has provided the solution.
Mediation is also better for children. The process can be significantly less traumatic than for couples who end up in Court as it promotes better communication and reduces conflict while prioritising what is best for the whole family. It also helps avoid larger legal bills, which will be vitally important this year given the cost-of-living crisis.
With the current backlog of cases, clients can expect a divorce and financial proceedings to take anything from six months to 18 months or more, whereas mediation can help to bring a resolution in as little as a few months.
Perhaps most importantly, mediation puts the control into the clients’ hands. Going down the litigation route eventually leads to a decision from a Judge, meaning one or, in fact, both parties may end up with an outcome that they do not want, having spent a considerable amount in legal fees.
How can Nelsons help?
Should family mediation be a process that you feel could assist you in resolving outstanding issues between you and your former spouse or partner, or should you wish to find out more about the process, then please contact Gayle Rowley (Legal Director, Solicitor and Mediator) who will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
Please contact Gayle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
