Divorce can be a complicated and emotional experience for everyone involved. There are many important decisions that need to be made, especially when it comes to matters related to your children and financial situation. Mediation is a popular route couples take when they decide to dissolve their marriage peacefully without going to court. In the mediation process, you will need to attend a Mediation Information & Assessment Meeting (MIAM) and agree on a Parenting Plan and Financial Consent Order. In this blog post, we will explain what these three terms mean and provide you with useful information to make the best decisions during your divorce.
What is a Mediation Information & Assessment Meeting (MIAM)?
A Mediation Information & Assessment Meeting (MIAM) is the first step in the mediation process. During this meeting, a mediator will explain the mediation process and determine if mediation is a suitable option for both parties. It is important to note that attending a MIAM is legally required before you can go to court to resolve disputes related to finances or children. During the MIAM, the mediator will assess whether mediation is an appropriate option based on your specific circumstances, and you'll discuss any concerns or questions you may have. You'll learn about the costs and can ask about any available legal aid.
What is a Parenting Plan?
A Parenting Plan is a legally binding document that outlines the arrangements you have agreed upon regarding the care of your children. It is often created during the mediation process. The Parenting Plan addresses various topics such as who the children will live with, contact arrangements with the non-resident parent, education, holidays, and medical decisions. It is essential to create a Parenting Plan that works for both parties and in the best interests of the children. Unlike a court order, the Parenting Plan can be adapted and amended over time as needed.
What is a Financial Consent Order?
A Financial Consent Order is a legally binding document that records the financial agreements that you have reached during your divorce mediation. This document can cover different aspects including property, pensions, savings, and debts. Once both parties have agreed to the terms, the document is signed, and then it is sent to court for approval. Once approved, it becomes a legally binding agreement. A financial consent order can save a lot of time, stress and money in the long run by avoiding arguments over finances.
What are the Benefits of Mediation?
There are many benefits to choosing mediation over going to court. For one, the process is much faster and less stressful than going to court. It is also a voluntary process, meaning that both parties have much more control over the outcome of the divorce. Additionally, the costs of mediation are significantly lower than the costs for court proceedings, and mediated agreements typically last longer and are less likely to be changed.
Conclusion
Making the decision to end a marriage can be overwhelming, but if it's done with mediation, it can be a more peaceful and efficient process. The Mediation Information & Assessment Meeting (MIAM), Parenting Plan, and Financial Consent Order are all crucial components of the mediation process. Attending a MIAM is essential before initiating any legal proceedings in matters of finance or children in the UK, and agreements reached through mediation are often less difficult to change down the line than court orders. It's important to seek professional guidance in the divorce process to ensure that all parties come to an agreement that sticks. Mediation can be an excellent way to divorce with dignity, respect, and mutual co-operation coming to an amicable agreement for all parties involved.
Source - Vents Magazine August 2023
