Mediation & Separation

Family Mediation & Separation Agreements — Resolving Separation Without Court

Most separating couples can avoid the cost and stress of court proceedings by using mediation or negotiating a separation agreement. A family solicitor can draft a legally sound document that protects both parties — and courts expect couples to attempt mediation before issuing proceedings under the Family Procedure Rules 2010.

MIAM-qualified mediators Legally binding consent orders Faster & cheaper than court Online mediation available
⚠️ Attempting mediation before court is now mandatory in most cases. Under the Children and Families Act 2014 and April 2024 rule changes, applicants must attend a Mediation Information and Assessment Meeting (MIAM) before filing most family court applications — unless an exemption applies. A solicitor can advise on exemptions and book your MIAM.

What Is Family Mediation?

Family mediation is a confidential, voluntary process in which a trained, impartial mediator helps separating couples reach agreements on:

  • Where children will live and how much time they spend with each parent
  • Division of the family home, savings, pensions, and other assets
  • Maintenance payments for a spouse or children
  • Business interests, debts, and liabilities

Agreements reached in mediation are not automatically legally binding, but they can be converted into a consent order by a solicitor and approved by a court, giving them full legal force.

What Is a Separation Agreement?

A separation agreement (sometimes called a "deed of separation") is a written contract setting out how the parties will manage finances, property, and child arrangements while separated. It is particularly useful for:

⏳
Couples waiting to divorce — agree arrangements now, before the final order
🙏
Religious reasons — couples who cannot or do not wish to divorce but need financial clarity
🏡
Cohabiting couples — not married but separating with shared property or children
🤝
Amicable separations — both parties agree and want it documented properly

Note: A separation agreement carries significant weight in later divorce proceedings when properly drafted by a solicitor with full financial disclosure on both sides.

The MIAM — What to Expect

A Mediation Information and Assessment Meeting (MIAM) is a one-to-one session with a MIAM-qualified mediator. It is not mediation itself — it is an information meeting during which the mediator:

  1. Explains the mediation process and whether it suits your situation
  2. Screens for domestic abuse or power imbalances that might make mediation inappropriate
  3. Assesses whether legal aid-funded mediation is available
  4. Issues a signed Form FM1 confirming attendance (required before most court applications)

A MIAM typically lasts 45–60 minutes. The other party attends separately. Both parties must attempt the MIAM — they do not have to agree to proceed to full mediation.

Common Situations We Help With

💬
Reaching financial agreement on divorce without contested court hearings
🏠
Deciding what happens to the family home — sell, transfer, or deferred sale
👶
Agreeing parenting arrangements — holidays, school decisions, relocation
💼
Business and pension splitting — complex asset valuation and division
📄
Formalising an informal agreement into a legally binding consent order
⚡
Pre-court MIAM compliance — meeting the mandatory requirement before filing

Consent Order vs Separation Agreement

⚖️
Consent Order
  • Made during or after divorce proceedings
  • Submitted to court for a judge's approval
  • Fully legally binding once sealed
  • Provides a "clean break" — prevents future financial claims
📝
Separation Agreement
  • Can be made before or without divorce
  • Does not require court approval
  • Contractually binding but court can depart from it
  • Can be converted into a consent order later

How Long Does the Process Take?

  1. 1
    Week 1 — Solicitor consultation & MIAM

    Your solicitor advises on options and costs, and you attend your MIAM if proceeding to mediation. Legal aid eligibility is assessed at this stage.

  2. 2
    Weeks 2–8 — Joint mediation sessions

    Couples typically need 3–5 joint sessions (each ~90 minutes), weekly or fortnightly. Your solicitor advises between sessions but is not present in the room.

  3. 3
    Week 8–10 — Memorandum of Understanding

    The mediator produces a written summary of what was agreed. Your solicitor reviews this before you commit to the final document.

  4. 4
    Week 10–14 — Consent order or separation agreement

    Your solicitor drafts the formal legal document. A consent order is filed with the court and approved by a judge (usually without a hearing) within 4–8 weeks.

Frequently Asked Questions

Is mediation compulsory before going to court?

Since April 2024, attendance at a MIAM is compulsory before most private family law court applications (rules 3.6–3.10 FPR 2010, as amended). Exemptions exist for domestic abuse, child safety concerns, urgency, or where one party lives abroad. A solicitor can advise on whether an exemption applies.

Can I get legal aid for mediation?

Yes. Legal aid is available for family mediation (including MIAMs) where you meet the means and merits criteria. If one party qualifies, the other's MIAM is also free. Your mediator can carry out the legal aid assessment at the MIAM. This is one of the areas where legal aid remains widely available after LASPO 2012.

What if the other person refuses to attend mediation?

If the other party refuses to attend a MIAM, you can still proceed to court — the mediator signs the FM1 confirming non-attendance. Courts may take a negative view of unreasonable refusal when making costs orders. You are not forced to reach an agreement through mediation.

How much does family mediation cost?

A MIAM costs approximately £90–£150 per person. Joint sessions cost £100–£250 per person per hour. A full mediation process (3–5 sessions) typically costs £1,000–£3,000 per person, compared to £10,000–£30,000+ in contested court proceedings.

Is a separation agreement legally binding?

A separation agreement is binding in contract law, but courts have power to depart from it if unfair on divorce. For maximum enforceability: have it drafted by a solicitor, ensure both parties take independent legal advice, and make full financial disclosure.

Can we do online mediation?

Yes. Remote mediation via video call is widely available and court-accepted. All stages — MIAM, joint sessions, and "shuttle mediation" — can be done online. It is often more convenient and slightly cheaper than in-person sessions.

How It Works

One clear request. A mediator or solicitor contacts you.

Most separations can be resolved without going to court. Submit your request and we'll connect you with a MIAM-qualified mediator or family solicitor who can help you reach a fair, lasting agreement.

Submit Your Request
1

Tell us your situation

Describe the separation, what needs resolving, and your postcode.

2

Matched to a specialist

We connect you with a Resolution-accredited solicitor or MIAM-qualified mediator in your area.

3

Initial call within hours

They explain your options, costs, and legal aid availability — then your MIAM is booked or agreement drafted.

Legal Aid for Mediation Available

Resolve your separation without court.

A MIAM-qualified mediator or family solicitor can help you reach a fair, lasting agreement — faster and cheaper than contested court proceedings. Submit your request and we'll connect you today.

Submit Your Request

More Family Law Topics

View all →

Latest Articles

Quick Links