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Is mediation compulsory before divorce?

5 replies

Chocolatecake12 · 16/10/2016 09:09

Just that really! Been separated for 2.5 years and want to get divorce proceedings underway.
Do we need to go to mediation as a first step?

OP posts:
GettingScaredNow · 16/10/2016 09:11

I filed for divorce before my husband even knew we were separating! Sort of. He only believed I meant it when I filed.
So I didn't have to do mediation to get the divorce going.

I am now going into mediation to sort out child issues.
We have no assets to split so don't have to do mediation there either.
But I believe for all those sorts of issues the court likes to see mediation has been tried.
But to file for divorce no, you don't have to mediate.

Mozfan1 · 16/10/2016 09:13


My parents divorced amicably with no mediation whatsoever.

MrsBertBibby · 16/10/2016 10:47


What is kind of compulsory is attending a Mediation Information and Assessment Meeting before you issue applications about money or children (this does not apply to divrce petitiIns). Mediation itself can never be compulsory, it is an absolute requirement that eiation is freely entered into.

There are various reasons that allow you not to do a MIAM before applying, too.

user1474193901 · 16/10/2016 18:03

If you need to go to court for a consent order or ant other disputes, then I think you have to have had mediation first. You need a form from the mediators to say what your agreement is, or an FM1 form to say you were unable to reach an agreement. The courts want you to try and sort things prior to them getting involved apparently. That's how my solicitor explained it.
So if it's a straight forward divorce with no consent order needed, you won't need mediation.

user1474193901 · 16/10/2016 18:05

Sorry, just read the previous poster. She's correct... I'm wrong, in that you don't have to have mediation.

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