Do I Need A Solicitor After Separation?
NAVIGATING SEPARATION
Do I need a solicitor after separation, or could family mediation help us work things through? You may be wondering whether you need a solicitor, a mediator, or both. They have different roles, and understanding those roles can help you decide what questions to explore next.
Do I need a solicitor before coming to mediation?
You do not need to have instructed a solicitor before attending a Mediation Information and Assessment Meeting (MIAM). This is an individual conversation with a mediator where you can explain what is happening, ask about the mediation process and consider whether it may be suitable.
You do not need to know what arrangements you want before you contact us. Many people come to a MIAM because they are unsure where to begin.
What can we talk about in mediation?
Mediation gives you both a structured space to discuss the matters that are important to your family. These might include arrangements for your children, your home, finances or how you will communicate in the future.
A mediator helps you identify the questions you each want to address, share relevant information and explore possible options. We do not decide what should happen. Any proposals are yours to consider.
What is the difference between a mediator and a solicitor?
A mediator is impartial and works with both of you. We can explain the mediation process and provide general information, but we cannot give either person legal advice about their individual circumstances.
A solicitor works for you individually and can explain your legal position. You can seek legal advice before, during or after mediation. The two processes can work alongside each other: you can explore arrangements together in mediation and take legal advice on any questions you have about your own position.
If you reach proposals in mediation, we can record them so you both have a clear account of what has been discussed. You can then consider whether you would like independent legal advice or whether any formal legal documents are needed.
For example, a financial agreement reached during divorce or the end of a civil partnership does not become legally binding simply because it has been recorded in mediation. A court-approved consent order is needed to make it legally binding.
What if we reach an agreement?
Would a MIAM help you decide what to do next?
If you are unsure whether mediation is the right route, a MIAM is a place to start that conversation. We can listen to your circumstances, explain how mediation works and consider with you whether it may be suitable. You remain free to seek independent legal advice whenever you wish.