New laws have been announced which mean that couples planning to divorce will have to consider mediation prior to legally separating.
The changes – which make up a number of reforms to the Children and Families Bill – apply to anyone seeking a court order in a bid to resolve a dispute regarding splitting property or finance assets, or children and custody.
Such individuals must attend a “mediation information and assessment meeting,” in a bid to resolve their disputes out of court. The Ministry of Justice confirmed that, in the case of evidence of domestic violence being present, couples will be exempt from the rules.
The new laws follow numerous failed Government attempts to entice some of the 120,000 couples who legally separate in England and Wales annually, to try mediation first.
According to recent research by national family organisation Resolution, just half of the 4,000 adults it polled would consider trialling an out-of-court solution to bring an end to their dispute. If more couples would consider taking this path, it could result in major savings for the Government, as the average cost of settling financial and property in court is £4,000, compared to just £500 if settled through mediation.
Family Justice Minister, Simon Hughes, told The Times: “Mediation works and we are committed to making sure that more people make use of it, rather than go through the confrontational and stressful experience of going to court.
“When people separate we want them to do it in the least damaging way for everyone involved, especially children. That is why we want them to use the excellent mediation services available to agree a way forward, rather than have one forced upon them,” he added.