If you are sure that your marriage has ended and there is no chance for reconciliation, you will need to follow the divorce procedure to obtain a decree absolute. You can find more information about the divorce process here https://www.gov.uk/divorce

If both parties agree to the divorce and the reasons why, getting a divorce legally finalised should take approximately 6 months. However, if you need to sort out children’s arrangements and financial settlements, this will have to be done separately and will take much longer.

You can file an application with the Family Court for a Child Arrangement Order and a separate application for a Financial Order. Mediation has the advantage of being able to deal with issues relating to the children and finances together and can be a quicker and less costly way to resolve these matters, rather than going through the traditional litigation route.

Children

Usually, parents are the best people to make decisions about their children. However, when communication has broken down, making decisions can become difficult. Mediation allows you to be flexible and try out arrangements over a period of time to see if they work for your family. Children’s needs may change as they get older and agreements made in mediation can evolve to meet these changes.

Separation is a difficult and emotional time for everyone involved. Children are very aware of their environment and can often sense tension between parents. Having good communication and a respectful relationship between the parents can reassure children and give them some comfort. They will be more able to adjust to the change in their family life if they know they can have a happy relationship with both parents.

If you cannot agree on children’s matters outside of court, you can apply for a Child Arrangements Order. The court will want to see that you have tried to resolve the issues through mediation (unless you are eligible for an exception), as their preference is for you to agree arrangements between yourselves. To apply, you will need to complete the C100 form and the cost of the application is £215.

Finances

If you cannot agree on the financial split of assets yourselves, you can ask a court to make a Financial Order. Again, the court will ask for evidence that you have tried to resolve matters through mediation first. The cost of making an application is £255. The judge will decide on the fairest way to divide the assets and will make arrangements for any children first – especially their housing arrangements and child maintenance.

If you would like more information on the steps involved in the process, please contact us and we will be happy to help.