Do I Have to Go to Court After Separation?
NAVIGATING SEPARATION
You may be worried that separating means going to a court hearing or asking a judge to decide what happens next. That is not the route every family takes.
There are different ways to discuss arrangements for children, finances and property. Family mediation can give you both a structured space to explore those arrangements before considering whether a court decision is needed.
Can we make arrangements without a court hearing?
Many families make arrangements for their children without attending court. You might be discussing where the children will live, when they will spend time with each parent, holidays or how you will communicate about their needs.
If you have different views, mediation can help you identify what matters to each of you and explore possible arrangements. The mediator will not decide for you. Any proposals come from your discussions together.
Find out more about making arrangements for children through mediation.
What about money and property?
Mediation can also provide a space to discuss your home, income, savings, debts, pensions and other financial questions. You can explore options together and seek independent legal advice about your individual position alongside the process.
If you are divorcing or ending a civil partnership and want a financial agreement to be legally binding, you will need to ask the court to approve a consent order. Court approval does not usually mean attending a hearing. A solicitor or other qualified legal professional can advise you about the documents and process.
When might a court need to decide?
Sometimes people cannot reach an agreement, even with support. There may also be urgent issues or concerns about safety that need a different response. Court may then be one of the options to consider.
Mediation is not suitable for every family. At a Mediation Information and Assessment Meeting (MIAM), you can speak to a mediator individually about your circumstances and whether mediation may be appropriate.
If you decide to make certain family court applications, you will usually need to attend a MIAM first, unless an exemption applies. Attending a MIAM does not mean you have to take part in mediation.
Would it help to talk through your options?
What questions are you hoping to resolve? Are there arrangements you would like to discuss together, or are you unsure which route may be suitable?
A MIAM gives you the opportunity to explain your situation, learn how mediation works and ask about possible next steps. You do not need to have decided whether to mediate before attending.