Mediation & Separation Agreement Solicitors

Mediation and separation agreements resolve disputes faster and at lower cost — but only with legal advice alongside them.

Mediation is not a replacement for legal advice — it is a process where both parties work towards an agreement with a neutral third party. To know whether what is being offered is reasonable, and whether an agreement is worth signing, you need independent legal advice before, during, and after. A specialist solicitor can support you through mediation and ensure any separation agreement properly protects your position.

MIAM & mediation explained Separation agreements reviewed and drafted Independent legal advice alongside mediation Free initial consultation

How It Works — In Practice

Mediation and separation agreements — what they do and where legal advice fits.

Mediation and separation agreements are tools for reaching an agreement — not a substitute for understanding what you are entitled to. Getting the advice right first makes the process faster and produces a better outcome.

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What is a MIAM?

Before applying to court in most family law disputes, both parties must attend a Mediation Information and Assessment Meeting (MIAM) with an accredited mediator. The MIAM is not mediation itself — it is a meeting to assess whether mediation is suitable. If the mediator concludes it is not (or if an exemption applies), they issue a form that allows the court application to proceed. A solicitor can advise you on what to expect at the MIAM and whether an exemption applies to you.

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The mediation process

Mediation involves both parties and a neutral mediator working through disputed issues — finances, property, children — over a series of sessions. The mediator does not give legal advice and does not decide outcomes; they facilitate negotiation. Anything discussed in mediation is confidential and cannot be used in court proceedings. A solicitor advises you between sessions on the offers being made and whether they are fair before you agree to anything.

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Separation agreements

A separation agreement (sometimes called a deed of separation) sets out the agreed terms of a separation — who lives where, who pays what, how assets are split, and what happens with the children. It is a contract between the parties. For married couples, it is not automatically legally binding — financial claims on each other survive divorce until a consent order is approved. A solicitor will draft the agreement to be as enforceable as possible and advise on converting it to a consent order.

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Consent orders — making agreements binding

Once financial terms are agreed — whether through mediation, solicitor negotiation, or direct agreement — a consent order submitted to and approved by a court makes them legally binding and closes off future claims. Without a consent order, a spouse can return years later for further financial provision. A solicitor will convert your mediation outcome into a properly drafted consent order and submit it for court approval.

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When mediation is not appropriate

Mediation requires a power balance between participants. Where there is a history of domestic abuse, coercive control, or significant intimidation, mediation may not be suitable — and an exemption from the MIAM requirement is available. Where one party is concealing assets or is unlikely to engage in good faith, mediation may produce an agreement that doesn't reflect your entitlement. A solicitor will advise on whether mediation is appropriate for your situation before you commit to the process.

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Collaborative family law

Collaborative family law is an alternative to both litigation and standard mediation. Both parties instruct collaborative-trained solicitors, and all negotiations take place in four-way meetings — both clients and both solicitors together. If the process breaks down and court proceedings become necessary, both solicitors are contractually disqualified from acting further — creating a strong incentive to reach a settlement. A solicitor can advise on whether the collaborative process is suitable for your case.

How It Works

An agreement you reach yourself is only as good as the advice you had before you signed it.

Many people in mediation do not know whether what is being offered is fair. Independent legal advice — from a solicitor advising only you — ensures you understand your entitlement before you commit to any settlement.

Submit Your Request
1

Describe where you are in the process

Tell us whether you are preparing for mediation, currently in it, or have reached an agreement you want reviewed or formalised.

2

Solicitor advises on your position

A specialist advises on what you are entitled to, whether the terms being proposed are fair, and how to formalise any agreement.

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Free initial consultation

You receive independent advice on your legal position — so you can engage with mediation from a position of knowledge, not guesswork.

Free Initial Consultation

Agreeing to something in mediation without legal advice can be a very expensive mistake.

Find out what you are entitled to before your next mediation session — or before you sign any separation agreement.

Get Independent Legal Advice

Common Questions

Mediation & separation agreements — what people ask us.

Is a separation agreement legally binding?

A separation agreement is a contract — and contracts between adults with capacity, entered into freely with independent legal advice, are taken seriously by the courts. However, unlike a consent order, a separation agreement does not automatically close off future financial claims in divorce proceedings. For married couples, the only way to make financial terms permanently binding is a consent order approved by the court. A solicitor will advise on converting your separation agreement into a consent order at the appropriate stage.

Can I be forced to attend mediation?

You cannot be forced to participate in mediation itself — but you are required to attend a MIAM (or obtain an exemption) before making most court applications. If mediation is not suitable — because of domestic abuse, urgency, or the other party's refusal to engage — exemptions are available. A solicitor can confirm whether an exemption applies to you and will ensure you have the correct documentation before issuing court proceedings.

My partner says we don't need solicitors if we mediate. Is that right?

The mediator is neutral — they do not advise either party about their legal rights. They facilitate negotiation; they do not tell you whether what is being offered is fair or enforceable. Both parties should have independent legal advice alongside mediation to understand their entitlement, assess proposals, and convert any agreement into a properly binding document. Without this, you may agree to far less than you are entitled to, or produce an agreement that cannot be enforced.

We have agreed everything between us. Do we still need a solicitor?

For financial matters — yes, strongly. An informal agreement between partners about finances is very difficult to enforce if one party later changes their mind. For it to be binding, it needs to be documented in a properly drafted separation agreement and, for divorcing couples, converted into a consent order. For child arrangements, informal agreements work well when both parents stick to them — but they are not enforceable without a court order. A solicitor can formalise whatever you have agreed at a modest fixed cost.

How long does mediation take?

The length depends on the number and complexity of the issues. A straightforward separation without property disputes and no children might reach agreement in two or three sessions. A more complex case involving property, pensions, and child arrangements will typically take four to six sessions. Sessions usually last 90 minutes to 2 hours. MIAM attendance is a single separate meeting before mediation itself begins. Legal advice runs alongside mediation and does not extend the timeline — it makes each session more productive.

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