Divorce Mediation

Divorce Mediation

Divorce mediation helps separating couples agree how to divide their finances and, where children are involved, how to arrange their care, without the cost, delay, and hostility of contested court proceedings. A trained, neutral mediator does not take sides or decide the outcome for you. Instead, they help you and your ex-partner talk through the issues, understand each other’s position, and reach a settlement you have both actually agreed to.

This matters more than ever since the way divorce itself works in England and Wales changed. Since April 2022, the process of getting divorced no longer depends on blame. What still needs to be worked out, in almost every case, is a fair financial split. That is where mediation does the real work.

Fault or No-Fault? Why the Divorce Itself Is Now the Same Either Way

Before 6 April 2022, you had to prove your marriage had broken down by pointing to one of five legal “facts”: adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation without consent. In practice, this pushed a lot of couples who simply wanted to separate amicably into filing paperwork that blamed one partner, purely to avoid waiting years, which created conflict that did not need to exist.

The Divorce, Dissolution and Separation Act 2020 changed this. Since it came into force, all that is required is a statement that the marriage has broken down irretrievably. This can be made by one spouse or jointly by both. It is treated as conclusive evidence and cannot be contested by the other party, except on very limited legal grounds: that the court lacks jurisdiction, that the marriage was never legally valid, or that there was fraud or a procedural error.

The old terminology changed too: “decree nisi” is now the conditional order, “decree absolute” is now the final order, and “petitioner” is now the applicant. There is a minimum 20-week reflection period between starting proceedings and the conditional order, then a further minimum of 6 weeks and 1 day (43 days) before the final order can be applied for. In total, even when both people fully agree, the legal divorce takes a minimum of around 26 weeks from start to finish.

What this means practically is that whether your marriage broke down because of an affair, growing apart, or anything else, the legal process of getting divorced is now identical. There is no separate “fault divorce” route any more, and no advantage in law to alleging one. What actually determines how your finances get divided is not who was “to blame”, but a fair assessment of both parties’ needs, contributions, and future circumstances under Section 25 of the Matrimonial Causes Act 1973. Courts and mediators both work from these same factors. Except in rare cases of gross financial misconduct, such as one party fraudulently hiding or dissipating assets, conduct during the marriage has no bearing on the financial outcome. The same principle applies to arrangements for children: decisions are based on the child’s welfare, not on who caused the marriage to fail, though a parent’s behaviour does become relevant where it affects a child’s safety or wellbeing. This is exactly why mediation is so effective: once blame is taken off the table by the law itself, the conversation can focus entirely on reaching a split that is genuinely fair to both of you.

Working Towards a Fair Split You Both Agree To

A fair financial settlement is not necessarily an equal one. Mediation gives you and your ex-partner the space to consider your specific circumstances together: the needs of any children, each person’s income and earning potential, how long you were married, and what each of you contributed, financially and otherwise. These are the same factors a family court would weigh up, but in mediation, you and your ex-partner reach the answer together rather than having it imposed on you by a judge who has never met you.

In my experience, once both people have the same complete picture of the finances in front of them, the conversation becomes far more practical and far less adversarial. It stops being about winning and starts being about finding a workable outcome for two households instead of one.

The Open Financial Statement (OFS)

Before you can negotiate fairly, both of you need to see the full financial picture. That is what the Open Financial Statement (OFS) is for. It is a complete, honest account of income, savings, property, pensions, debts, and outgoings that both parties disclose to each other during mediation.

It serves a similar purpose to the Form E financial statement used in contested court proceedings, but it is prepared collaboratively and without the formality or adversarial tone of a court document. Your mediator will give you a checklist of what is needed, typically including payslips, mortgage statements, pension valuations, and bank statements, and will make sure both sides have provided equivalent information before any negotiation begins. At BookMIAM, preparing an Open Financial Statement is a fixed fee of £150 per person.

The Memorandum of Understanding (MOU)

Once you have agreed how to divide your finances, your mediator prepares a Memorandum of Understanding (MOU). This is a clear, written summary of everything you have agreed: the split of property, pensions, savings, debts, and any spousal maintenance. It reflects your decisions, not the mediator’s opinion. A mediator remains neutral throughout and does not tell either of you what the outcome should be.

An MOU is not legally binding on its own. Its purpose is to capture your agreement clearly enough that a solicitor can turn it into something that is. At BookMIAM, preparing a Memorandum of Understanding is a fixed fee of £300 per person.

From MOU to Consent Order: Getting It Checked and Filed

Once you have your MOU, each of you should take it to your own solicitor for independent legal advice. This step matters. Your solicitor’s job is to check that the deal you have reached is fair and workable for you specifically, and to flag anything that might cause problems later, before it becomes legally binding.

If both solicitors are satisfied, one of them drafts a consent order based on the MOU and files it with the court for approval. A consent order is what makes your financial agreement legally binding and enforceable. Where appropriate, it can also include a clean break clause, which permanently ends any future financial claims between you and your ex-partner, so neither of you can come back years later seeking more.

The court fee for a consent order is currently £60, and solicitors typically charge between £500 and £1,500 to draft one, a modest cost compared with contested proceedings. This whole route, mediate, agree an MOU, get it checked by solicitors, then file a consent order, is generally far quicker, cheaper, and less stressful than fighting the same issues out in front of a judge.

How Long Does Divorce Mediation Take?

Most financial mediations are resolved within 3 to 5 sessions of 90 minutes each, held online. This can often run alongside the minimum 26-week legal divorce timeline itself, so by the time your final order comes through, your financial arrangements can already be agreed, written up, and on their way to becoming a consent order.

Every session starts with a MIAM (Mediation Information and Assessment Meeting), a private one-to-one conversation with your mediator where there is no obligation to continue further. If you need to apply to the court for a financial order using Form A, you must attend a MIAM first. Your mediator will sign the relevant section of the form once this is complete. At BookMIAM, you can attend a MIAM and have your Form A signed within days.

Related Guides

• Financial Mediation
• What Is a MIAM?
• How Mediation Works
• £500 Voucher Scheme
• Pricing

Ready to talk through your situation? Book a free 15-minute chat to find out how divorce mediation can help.