Pro's and cons of Mediation vs solicitor/court process?

[whycantitbecalm]

What is taken into consideration in a court process?
Do they look at the big picture of the marriage? what's gone before etc or is it purely financial?

Are we more likely to be told we have to sell the house to achieve a split?

Can a solicitors court feels come from the settlement and be paid after the finance is sorted (I have very low income, he has very high) I couldn't pay before?

Is there more chance of me getting what I'm fairly entitled to?

Is it still a negotiation process? between us or are we told what is right?

There is a general presumption that divorcing adults should be able to negotiate and agree their financial affairs themselves. A mediator is there to facilitate the discussions and avoid dissent into argument. At the end of mediation you should be a good position to finalise the legal aspects with minimal input from solicitors and courts. This is what most adults do especially where financial affairs are straightforward.

Two reasonable and informed people with known income and assets should be able to sort out the split themselves supported by a mediator.

Divorce laws deal with income disparity usually giving the lower earning adult a larger share of assets. It is better for all of the disparity can be addressed through a capital share rather than spousal maintenance or mesher orders.

Spousal maintenance is a payment to the lower earner to improve income. But unlike child maintenance it is means tested against benefits. Most low earners are better off with UC than spousal support.

A mesher order is used where the resident parent is unable to house themselves and the children. It applies in situations where there are dependents who prevent the resident parent from working full time or at all, and there isn’t a lot of equity to rehouse.

Some solicitors accept fees from the settlement. But some don’t as there may not be a large cash settlement.

Unless there is abuse you should consider mediation. Just read up on divorce laws and cases. There is a sticky at the top of the board for starters.

Try to map out your family finances for yourself. Make a list of all the assets and debts.

1. property: what is the mortgage, how much you owe and the most recent valuation. Are there any other properties
2. savings accounts and Isas
3. Assets: identify things with a high ticket value like cars.
4. Income, map all sources. If you are part time or on a low income work out what your maximum income could be. Estimate benefits and child support as these can significantly bolster income.
5. debts, try to establish what these are
6. pensions. Obviously your own but try to establish what pensions he has and how much they are worth.

Mediation is definitely better, especially considering how high the fees can get with solicitors. However, if it does end up going to court, see if this can help you save money and guide you through the whole process for free. https://www.iamlip.com/ there is also a section on mediation too - https://iamlip.com/mediation/