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Category: New Blog

  • What Can I Do If Mediation Breaks Down?

    What Can I Do If Mediation Breaks Down?

    When family mediation breaks down.

    Obviously, the best method for resolving a divorce or family disagreement is to reach an agreement with the other party, regardless of whether the issues at hand relate to child custody, finances, or property.

    And one of the greatest methods to resolve disputes amicably is through mediation, in which a skilled family mediator assists the parties in reaching a practical and equitable arrangement.

    However, despite the fact that mediation has been used to address family disagreements for more than two decades, many individuals experiencing a family breakup continue to have doubts about its effectiveness and suitability.

    Family mediation is appropriate in the great majority of situations. As any seasoned family lawyer will confirm, despite first indications to the contrary, a large number of cases resolve by agreement. Similarly, with the assistance of a skilled mediator, mediation can be successful in the most improbable situations.

    Nevertheless, despite our enthusiasm for mediation as a means of settling family issues, we recognise that it is sometimes inappropriate and that, despite our best efforts, occasionally mediation breaks down.

    When mediation is not suitable

    There are several instances where family mediation is inappropriate and mediation breaks down. Here are several of the most prevalent:

    Coercion/opposition to mediation – Mediation is entirely voluntary. If a party is unwilling to participate in mediation, they cannot be made to do so. In most cases, mediation will not be acceptable if one party feels pressured into attending and then mediation breaks down.

    Abuse within the home – Mediation is typically inappropriate if there have been incidences of domestic abuse or if allegations of abuse remain unresolved.

    Urgent cases — If the case is urgent for whatever reason, it is typically preferable to proceed straight to court rather than engage in mediation.

    Bankruptcy: If the dispute is about money and you or the other person is bankrupt, mediation will not work.

    Involvement of social services — If you are currently involved with social services due to concerns for the safety and well-being of your child or children, mediation regarding arrangements for your child or children will often not be appropriate.

    Acrimony – For mediation to be successful, there must be a degree of collaboration between the parties. If this is impossible because of a high level of hostility between the parties, then mediation is unlikely to be appropriate unless the mediator can address the issue.

    In some instances, there is a “power imbalance” between the partners, with one being “dominant” and the other “subservient” for whatever cause. Again, the mediator will attempt to resolve this issue, but if unsuccessful, mediation may not be appropriate in such situations. Mediation breaks down if it is not done in a fair way.

    Previous (recent) attempts at mediation breaks down — Finally, mediation may not be appropriate in situations where it has been used recently without success.

    If Mediation Fails

    Despite a skilled mediator’s best efforts, mediation is not always successful. No matter how appropriate the mediator believes a particular solution to be, he or she cannot compel the parties, or any of them, to accept it.

    If one or both parties withdraw from the mediation, it may be terminated. It may also stop if the mediator does not believe the parties have a reasonable chance of coming to an agreement, for instance since they are too far apart or since one of them is refusing to negotiate.

    In such a circumstance, the case must be resolved by the judge. It should be noted, however, that mediation can be “partially successful,” meaning that some issues are resolved between the parties, hence lowering the number of questions that the court must decide.

    In addition, unless both parties agree otherwise, everything said during mediation is confidential. The court will have no knowledge of anything said or done during the mediation.

    Solent Family Mediation have expert and professional mediators who are ready to help with any issue you may be having – Call now for more information.

  • Can I take my child abroad without asking the father’s consent?

    Can I take my child abroad without asking the father’s consent?

    If the child’s father has parental responsibility for them, then it is against the law to remove the child abroad without first obtaining his consent.. Under the Child Abduction Act of 1984, it is illegal for a parent to remove a child under the age of 16 from the United Kingdom without the appropriate consent from the other parent. Failure to get this might result in imprisonment for up to 6 years for kid kidnapping. Continue reading to find out more.

    Solent Family Mediation

    If you wish to take your child abroad to live and are unsure if you need the father’s permission or if you need help on obtaining a child arrangements order, call the lawyers at Solent Family Mediation on 0238 161 1001.

    Who has parental responsibility for a child, and so who needs to be asked before to a holiday?

    Parental responsibilities are automatically given to the parents who are listed on the birth certificate (as of December 1, 2003) A father can acquire parental responsibility by marrying the mother (either before or after the birth of the child), by a court order, or by signing a parental responsibility agreement. If the father does not have parental responsibility, you are not obligated by law to obtain his consent before to travel, however it is recommended that you do so.

    When may you take your child abroad without the approval of the child’s father?

    If there is a child arrangement order indicating that the child will live with one parent (you), you may take the child abroad for up to 28 days without permission, unless a court judgement states otherwise..
    You may also take a child abroad if a court ruling specifically authorises you to do so. To acquire one, you must demonstrate to the court that the travel is in the child’s best interest. Bring to court your date of departure, date of return, mode of transportation, and any other important data, including separation background information.

    My experience has shown that such preparedness typically pays off. I would advise you to talk with a Solent Family Mediation before going to court. Based on years of expertise, they will be able to provide you with an unbiased assessment of your possibilities of success. Remember that their advise will be more accurate the more you disclose about your connection with the father.

    Problems you may encounter while taking your child abroad

    When travelling overseas without the child’s father, it is prudent to be prepared for queries from border officials. Although written approval from the father is not necessary, I strongly advise that you obtain it. Request that the father send a letter confirming their agreement with the holiday plan and provide their contact information and holiday plans. Upon request, you can then provide this to border officials.


    Over the years, lots of parents have been halted at various British airports, ports, and train stations. and railway stations on suspicion of child abduction because their surname does not match that of their kid. In the United Kingdom, a child’s passport has simply their name, date and place of birth, with no mention of their parents. Therefore, we urge that you provide a copy of the birth, adoption, or divorce certificate as further proof of your link to your child.

    Solent Family Mediationy

    If you are concerned about requiring permission to take your child abroad and want to understand your legal and court alternatives, or if you require a child arrangements order, Solent Family Mediation on 0238 161 1010.

    With the assistance of an impartial third party, families can engage in the process of mediation in order to agree about the future living arrangements of their children. The mediator does not instruct either party on what they should do, but rather works to improve the parties’ ability to communicate with one another and assist them in reaching their own agreements in an amicable manner.

    Contact a Family mediator in today on 0238 161 1051

  • Solent Family Mediation presents the ultimate guide to grandparents’ rights in the UK .

    Solent Family Mediation presents the ultimate guide to grandparents’ rights in the UK .

    When their children get a divorce or their relationship falls apart and there are grand kids involved, grandparents may find themselves ostracised and left on the outside of the family. When this occurs, few grandparents are aware of their alternatives. This guide to grandparent rights will address all of your questions about maintaining contact with your grand kids.

    Even if the parents cannot agree on plans for their children, grandparents can and should make their own arrangements with both sides of the family to visit their grandkids.

    What are my rights as a grandparent?

    Parental Responsibility: Grandparents do not have parental responsibility, which is the legal term for the rights and duties a parent has towards their child. However, they can apply for a Child Arrangements Order to gain contact. This order can specify with whom a child lives, spends time, or has contact. Grandparents must first seek the court’s permission to apply for this order, demonstrating their connection and the benefits of maintaining the relationship. Before applying to the court, grandparents are encouraged to attend mediation. Mediation is a process where an impartial third party helps families reach an agreement without going to court. Solent Family Mediation offers specialised services to assist grandparents in these situations.

    If you have never had contact with your grandchildren or have rarely visited them, the court will be less inclined to issue any child arrangement order. To bring you into their life, a stepping-stone structure may be implemented.

    How do I keep in contact with my grandchildren?

    1.Try to keep communication. If feasible, you should initially attempt to keep touch with your grandkids. Maintain contact with the parents and let them know you’re there for both of them. Your goal is not to take a side, but rather to offer support to all parties at this tough time. If this talk is tough to have in person, consider drafting an email or letter instead.

    Explain how much you miss your grandkids (and how much they must miss you), how eager you are to offer emotional and practical help, and why you don’t want to cease being a part of the family. Suggest that your grandchildren be asked how they feel about keeping contact with you. Depending on the amount of dispute, this may not be successful, therefore you may not obtain a good reaction.

    2.The Solent Family Mediation Service. If the initial strategy fails, you should attempt Solent Family Mediation. A mediator will be able to assist both parties in reaching a satisfactory resolution. To accomplish this, you must schedule a Mediation Information & Evaluation Meeting (MIAM). The mediator will take notes, explain the mediation process, and describe the various forms of mediation while you present your case with them.

    After determining that mediation is an appropriate course of action, the mediator will invite the parents to mediation in writing. If accepted, students must additionally attend an MIAM. After both parties have completed an MIAM, the mediator will formulate a plan for your joint mediation session. This can be accomplished online through video or in person.

    If it turns out that mediation is ineffective, the mediator will produce a mediation certificate so that you can petition the court for a child arrangements order.3.

    3.The family court This is the final choice, but sometimes it’s the only way to maintain your relationship with your grandkids.

    To initiate this procedure, you must file a C100 application with the court and collect documentation of your present or past relationship with your grandkids.

    What can I do now?

    You can keep indirect communication as much as possible at this time. If you attempted to continue face-to-face contact but were unable, discuss your plans with the parents. However, keeping indirect touch with your grandkids will depend on their age. If kids are old enough to utilise mobile devices and computers, you can text and video contact them on a regular basis.

    If that is not possible, write them a note to let them know you are still there and that you care. The letter should be impartial and centred on the kid, not the disagreement; thus, communicate with them as usual. Inquire about their school, their friends, their interests, etc. You may also attach photographs of yourself in action or little gifts. Also, make copies of your correspondence.’

    What can I do if my son/daughter is not listed on my grandchild’s birth certificate?

    If this is the case, it can be quite challenging to deal with, and you will need legal counsel to understand your alternatives. Your son has parental responsibility only if he and his partner were married at the time of the birth of your grandchildren, or if his name appears on the birth certificate. Your son may apply to the court at any time for parental responsibility, which would not be rejected unless it was demonstrated he posed a safety danger to the kid.

    How do I apply to court for access to my grandchildren?

    Family court is always the last resort since it may be a costly and emotionally and psychologically taxing affair. You may easily spend between £2,000 and £5,000 on attorneys or advocates to prepare for your court hearing. Not to add that hearings entail costs as well.

    However, if this is your only alternative, be sure to request set costs for certain phases of the procedure when you speak with attorneys. This manner, you can better manage your cash. You can also represent yourself, which is becoming increasingly prevalent. Don’t be scared to seek assistance during the family court procedure.

    Do I have right as a grandparent?

    No, you are not automatically entitled to your grandchildren. However, the family court recognises the significance of grandparents in the lives of their grandchildren. The court will approve authorisation if you have a relationship with them and there is no history of abuse, violence, or neglect. Here’s how everything works

    1.Mediation Information Assessment Meeting (MIAM)

    If you want to seek court as a way to access the grandchildren you must first explore mediation with a family mediator. The Mediation Information Assessment Meeting is the first step here where your family mediator will assess your suitability for mediation and give you the next steps on what to expect should you proceed with mediation.

    2.Application for C100

    A C100 form is a crucial document in UK family law, used to apply for court orders concerning child arrangements under the Children Act 1989. This form is typically utilised when parents or guardians need to resolve disputes about where a child will live, who they will have contact with, or specific issues regarding the child’s upbringing. The C100 form can be used to request a Child Arrangements Order, a Specific Issue Order, or a Prohibited Steps Order. Before submitting a C100 form, applicants are generally required to attend a Mediation Information and Assessment Meeting (MIAM) to explore the possibility of resolving the dispute outside of court. This process ensures that all parties have considered mediation as a less adversarial alternative to court proceedings.

    3.Children and Family Court Support and Advisory Service (CAFCASS)

    CAFCASS (Children and Family Court Advisory and Support Service) is often involved when grandparents seek access to their grandchildren through the court system. When you apply for a Child Arrangements Order, CAFCASS will typically conduct an assessment to understand the child’s circumstances and the relationships involved.This includes looking into the living situation, the child’s needs, and the role of the grandparents.

    CAFCASS may also perform checks with the police and social services to ensure the child’s safety and well-being. Based on their findings, they might create a report (known as a Section 7 report) to provide recommendations to the court on what arrangements would be in the child’s best interests.

    Family court is not comparable to criminal court, so do not be concerned about your next court appearance. They all simply wish to assist families. This implies that the setting is far more favourable, as the procedure is not focused on determining whether someone is innocent or guilty. Everyone in court recognises that the child is at the core of all of this, drastically altering your expectations.

    You, the applicant, and the parents of the children, the respondent, will both present evidence at the court hearing. You must emphasise the role you’ve played in your grandchildren’s lives and the bad impact your absence will have on them.

    When making a judgement, the court will take the CAFCASS findings into consideration. If it’s in the best interest of the children, the court will issue an order allowing you to maintain contact, outlining the type of contact you’ll be permitted to have from this point forward.

    What happens the parent refuses to accept the court order?

    If a parent refuses to comply with a court order granting grandparents access to their grandchildren, several steps can be taken to enforce the order:

    CAFCASS may be involved again to reassess the situation and provide further recommendations to the court. Grandparents can apply for an Enforcement Order. This order compels the parent to adhere to the original court order. If the parent continues to refuse, they may face penalties. Breaching an Enforcement Order can result in various consequences for the parent, including community service, fines, or even imprisonment in severe cases.

    CASE STUDY: GRANDPARENTS’ RIGHTS INVOLVING MEDIATION

    Richard and Florence’s connection with their three grand kids, ages 12, 8, and 5, was affectionate and warm. When their son and Emma’s stepdaughter split, they provided financial assistance for their son’s legal bills, and the divorce was nasty and fought. Emma was enraged with Richard and Florence because they had paid the legal bills for the divorce and she believed that by doing so, they had contributed to the dissolution of the marriage. They had not seen their grand kids in seven months, which was the longest period of time they had ever gone without seeing them.

    Richard and Florence had a wonderful connection with the other set of grandparents before to their divorce, but since then, they have not communicated with Emma and have refused any attempts at contact. Their youngster struggled with the parenting arrangements on his own. Everything was a bit of a mess.

    Together with our team, Richard and Florence attended an MIAM. The mediator then invited Emma to mediation by letter. Emma consented because she did not want to seem bad in court, but stated that she was not willing to allow the children to visit their grandparents unattended due to her concern that they might say unpleasant things about her to the children, which would be damaging to their wellness.

    After Emma’s MIAM, the mediator asked everyone to a face-to-face meeting. With the assistance of the mediator and through our continuous mediation, they each had the opportunity to speak up and future aspirations. They swiftly decided on a strategy to reintegrate Richard and Florence into the lives of their children. Within a month of their MIAM, Richard and Florence were assisting with the grandchildren’s care, which benefited Emma, themselves, and the grandchildren and the family has begun to restore relationships.

    In Conclusion

    It is unfortunate that many grandparents in England and Wales experience separation from their grandchildren due to divorce, separation, or conflict with their own children.

    Many of them go directly to a solicitor, believing it to be the first stop if they are unable to resolve it amongst themselves however in most cases mediation can help resolve your child focused discussions.

    Although grandparents rights are not automatic, you can seek the assistance of a family mediator in an effort to resolve any conflict.

    If that fails, the next step is family court. If you can demonstrate that your connection with your grandkids is beneficial to them, an order will likely be issued enabling you to maintain your loving relationship with them.

    Dial 0238 161 1051 to reach Solent Family Mediation.

  • Legal Aid recipients are entitled for free Mediation – Bournemouth.

    Legal Aid recipients are entitled for free Mediation – Bournemouth.

    Solent Family Mediation can be financially supplemented or even free to those qualifying. Solent Family Mediation Bournemouth has accredited mediators that work with the Legal Aid Agency to provide mediation services for families that are paid for with public funds. The Legal Agency offers publicly-funded mediation through mediators accredited by the Family Mediation Council (those who possess FMCA) and have a contract with the Legal Aid Agency.

    If you think you or your former partner may be eligible for legal aid support, contact our team and find out more here. Out team will be able to verify your eligibility and advise on how to apply.

    When you come down to your first session we will want you to. information to verify you are qualified

    Evidence necessary for Legal Aid Evaluation

    If you believe you might obtain Legal Aid for Mediation Bournemouth because you are on benefits, or working but on a low income, we can work out for you if you qualify. If you supply to your mediator at the initial appointment the proof below, the mediator will most likely be able to inform you there and then whether you qualify for Legal Aid. If you are married to or living with another person as a husband or wife, we will also need to review the same information for them.

    For people in receipt of the following benefits:

    • Universal Credit
    • Income Support
    • Jobseeker’s Allowance that is Based on Income (JSA)
    • Employment and Support Allowance, which is based on a person’s income (ESA)
    • Credit for the Guarantee of Pensions

    DOCUMENTS NEEDED

    We will need to see the original notification letter, and if it is older than six months, we also need to see a recent bank statement for the full month leading up to the date of your appointment (the statement can’t be older than one month). If you are receiving Universal Credit, we need to see proof that you received a Universal Credit payment in the month prior to your consultation in order to schedule an appointment with you. In addition to it, you will need to supply your National Insurance (NI) number.

    IF YOU ARE EMPLOYED

    • Your most recent payslip, when you are paid monthly or your most recent four consecutive pay slip, in the case that you are paid weekly.
    • if you are currently receiving Tax Credits or Universal Credit, the most recent notification of award. A more current bank statement is required if this document is older than six months (no less than one month old).
    • Payment history for a rental or mortgage payment.
    • Proof of any childcare costs
    • Bank statements for the month before to the date of your appointment, for any accounts held either in your own name or jointly with someone else, whether the accounts are in your own name or in both of your names.

    IF YOU ARE SELF EMPLOYED

    • Statements from all of your personal and/or joint bank accounts, as well as those held in the name of your company, for the month immediately before the date of your appointment. These statements should be in the name of your firm.
    • All of the financial details from the previous year.
    • Tax return for the most recent year based on one’s own self-assessment.
    • If you are currently receiving tax credits or Universal Credit we will need evidence of the most recent notification of award. A more current bank statement is required if this document is older than six months (no less than one month old).
    • Payment history for a rental or mortgage payment.
    • Proof of any childcare costs

    IF YOU ARE CURRENTLY OUT OF WORK OR RETIRED

    • Documentation of any private or state pensions
    • Proof of any state benefit (Universal Credit etc)
    • Bank statements for the month before to the date of your appointment, for any accounts held either in your own name or jointly with someone else, whether the accounts are in your own name or in both of your names.

    Solent Family Mediation Bournemouth offers mediation for both privately and funded cases. Please get in touch with us if you have any questions regarding whether or not you qualify.

    Speak to us to find out if you qualify for Legal Aid Mediation. Call 0238 161 1051 to reach Solent Family Mediation Bournemouth.

  • The definitive guide to the Financial Mediation Croydon procedure

    The definitive guide to the Financial Mediation Croydon procedure

    Steps to Financial Mediation Croydon with Solent Mediation Croydon

    It can be difficult for many couples going through a divorce or separation to agree on the financial terms of their divorce or separation. There is a great deal of conflicting information available and many family members and friends with the best intentions may provide the wrong information;. If you were to Google “What should a fair financial settlement Be in Divorce? you will likely get a variety of conflicting responses and even more uncertainty. Solent Family Mediation Croydon discusses the mediation procedure that our team use to assist you in reaching a fair and beneficial financial arrangement.

    If you and your ex are able to agree on whatever you both deem reasonable, to have your agreement made legally enforceable by a financial consent order, however the court must agree that you have reached a reasonable arrangement and the court is more likely to do so if both of you have completed a comprehensive financial disclosure and enlisted the assistance of a mediator.

    Even if you are unable to reach an agreement, determining how you will attempt to negotiate a financial settlement can save you both time, worry, and money.

    What is the process of Financial Mediation Croydon?

    We initially meet with you personally. This meeting is known as a Mediation Information and Assessment Meeting (MIAM). We must do this with you both separately in an online meeting (you may bring a support person to be with you, and we do these sessions through online mediation. This means that there is no barrier of distance and time to be able to start the resolution process.

    Once you and your ex partner have attended your MIAM, you can complete your financial disclosure, unless there is an urgent and pressing problem or you or the mediator have decided that mediation is not suitable.

    IMPORTANT FINANCIAL ISSUE

    Couples may have an upcoming mortgage payment that may be missed, or other urgent expenditure or commitments that require agreement. This is required prior to beginning a financial disclosure or dividing the assets. In such situations, if both clients agree, you can meet with your family mediator and reach an agreement on the pressing issues at a combined financial Mediation session.

    Financial Disclosure

    Financial Disclosure in Family Mediation: A Crucial Step

    Financial disclosure is a fundamental component of family mediation, particularly when dealing with issues like divorce or separation involving property, assets, debts, and income. It’s essential for both parties to have a clear understanding of their financial situation to negotiate a fair and equitable agreement.

    What is Financial Disclosure?

    Financial disclosure involves providing a complete and accurate picture of your financial assets and liabilities. This typically includes:

    • Assets: Properties, savings accounts, investments, pensions, and other valuable possessions.
    • Debts: Mortgages, loans, credit card balances, and other financial obligations.
    • Income: Salaries, wages, benefits, and other sources of income.

    Why is It Important?

    1. Informed Decision-Making: Financial disclosure ensures that both parties have the necessary information to make informed decisions about their future.
    2. Fair Settlements: By understanding each other’s financial circumstances, parties can negotiate more equitable settlements.
    3. Legal Requirements: In many cases, financial disclosure is a legal requirement for obtaining a divorce or separation order.

    How is Financial Disclosure Conducted?

    1. Form E or Form D81: In the UK, parties often use Form E or Form D81 to disclose their financial information. These forms are typically completed under legal advice.
    2. Supporting Documentation: Supporting documents, such as bank statements, property valuations, and pension statements, are usually required to verify the information provided.
    3. Mediation Sessions: The mediator will guide the parties through the process of reviewing and discussing the financial information.

    Tips for Financial Disclosure

    • Be Honest and Transparent: Providing accurate information is crucial for a successful mediation.
    • Seek Legal Advice: Consult with a solicitor or family lawyer to ensure that your financial disclosure is complete and legally compliant.
    • Be Prepared to Negotiate: Financial disclosure is often the starting point for negotiations, so be prepared to discuss potential compromises.

    Consenting to financial disclosures

    Consenting to financial disclosures is a critical step in the family mediation process. It involves agreeing to share detailed information about your financial situation with your partner or ex-partner.

    Why is Consent Important?

    • Fair and Equitable Settlements: Financial disclosure allows both parties to have a clear understanding of their financial circumstances, which is essential for negotiating fair and equitable settlements.
    • Informed Decision-Making: By knowing each other’s financial situation, parties can make informed decisions about property division, child support, and spousal support.
    • Legal Requirements: In many jurisdictions, financial disclosure is a legal requirement for obtaining a divorce or separation order.

    What Does Consent Entail?

    • Sharing Financial Information: When you consent to financial disclosure, you agree to provide detailed information about your income, assets, debts, and liabilities.
    • Verification: You may also need to provide supporting documentation, such as bank statements, tax returns, and property appraisals, to verify the accuracy of the information you disclose.

    Considerations for Consenting to Financial Disclosure

    • Privacy Concerns: Some individuals may have concerns about sharing their financial information. It’s important to discuss these concerns with your mediator or attorney to find a solution that works for both parties.
    • Legal Representation: It’s advisable to consult with a lawyer before consenting to financial disclosure to ensure that your rights are protected.
    • Mediation Agreement: The terms of financial disclosure should be clearly outlined in the mediation agreement. This will help to prevent misunderstandings and disputes.

    Remember: Consenting to financial disclosure is a significant step in the mediation process. It’s important to approach this decision carefully and with a clear understanding of the implications.

    4th Step – Exchanging disclosures

    The sharing of financial declarations is a crucial aspect of the procedure. This can be done before to your first joint financial Mediation session or, more commonly, after the financial disclosure session described above. The mediator will not analyse your financial disclosures or retain copies of your evidence, such as bank statements, credit card statements, etc. They will document the information shared between you two.

    How do we split our assets and debts?

    Dividing assets and debts is one of the most complex and challenging aspects of family mediation. It involves identifying all assets and debts, categorising them as marital or separate property, and determining a fair and equitable distribution. This process often requires careful negotiation, compromise, and legal advice to ensure that both parties’ rights are protected.

    Examine Rightmove or Zoopla to determine the cost of a home in the location where you intend to reside that meets your reasonable living requirements.

    Determine your mortgage eligibility based on your present and projected income. How much is your credit limit? And how much will the mortgage payments be each month? Are you able to maximise your income whilst living apart? You may qualify for further assistance through universal credits or a decrease in your council tax payment.

    Documentation and Legal Advice

    Documentation and legal advice are crucial components of the financial mediation procedure Croydon. Proper documentation helps ensure that the agreement reached is clear, enforceable, and legally binding. It’s advisable to consult with family law attorneys to ensure that your rights are protected and the terms of the agreement are fair and equitable. Legal advice can also assist in understanding the potential tax implications of the settlement and ensuring that the agreement complies with relevant laws and regulations.

    Making it legally binding

    Making the financial mediation agreement legally binding is essential to ensure that both parties are committed to fulfilling their obligations. This typically involves having the agreement reviewed and signed by both parties in the presence of a mediator or attorney. In some cases, the agreement may need to be formally filed with the court to obtain a court order. This can provide additional protection and enforceability.

    Contact a Family mediator in Croydon today on 0238 161 1051

  • Maintaining Financial Privacy during a Split or Divorce – Divorce Mediation Swanage

    Maintaining Financial Privacy during a Split or Divorce – Divorce Mediation Swanage

    Did you know that in a survey that was carried out by the Money and Pensions Service approximately forty percent of those asked admitted to hiding financial information from their partner in some way? . In today’s post, we’ll discuss how to protect your financial privacy throughout a divorce or separation.

    Divorce Mediation Swanage .

    Solen Divorce Mediation Swanage has extensive experience mediating divorces as well as financial agreements. Call Solent Divorce Mediation Swanage at 0238 161 1051 or fill out our online enquiry form to receive more information on the many possibilities for divorce and financial settlements. We offer remote meetings by video or telephone by appointment only.

    Families and Finances

    The Money and Pensions Service conducted a poll in which 5,200 people from around the country were asked questions regarding their personal financial habits and finances. The most important discoveries are:

    • Those who are between the ages of 25 and 34 are the most private age group, with three in five not disclosing data about their finances to their loved ones.
    • Although over one quarter of respondents to the poll believed that their spouse, wife, or partner was concealing financial information, the fact is that nearly half of respondents admitted that they had themselves concealed information.
    • It is very typical for people to conceal their credit cards and their credit card debt; in fact, over forty percent of those who participated in the poll admitted to having done so.
    • Just over twenty percent of individuals polled admitted to keeping undisclosed debts a secret from their family, making this the second most common item respondents conceal from their loved ones.
    • Approximately twenty percent of people who participated in the poll admitted to having a hidden savings account.

    According to the Money and Pensions Service, there are a lot of different reasons why someone would want to conceal money or not divulge their financial condition while they are in a relationship. Some of these reasons include the following:

    • with the goal of creating a financial cushion for themselves through money that their partner won’t touch. This manner, there is a savings fund available in the event that someone loses their job or there is a huge unexpected expenditure, such as having to replace the boiler.
    • Having the feeling that you need to save money so that there is a way out of an abusive relationship, when the spouse who is hiding the money is worried that if they try to leave their controlling partner without the concealed money, it will be hard for them to do so.
    • Covering up loans and credit card debt since you are aware that your partner would be concerned about the financial situation.
    • A sense of shame at having racked up debt; in some cases, the debt was racked up before the new relationship, and it now seems “too late” to address it.

    The Money and Pensions Service encourages people to talk about their finances because doing so can make money worries more manageable. This is especially helpful when you are concerned about other matters, such as the impact of your health and debt or the prospects of your getting a bonus from your employer. The Money and Pensions Service encourages people to talk about their finances because doing so can make money worries more manageable.

    Divorce mediation can help you resolve your disputes around finances and dividing assets

    Dealings with money, as well as divorce and separation – Solent Divorce Mediation

    At Solent Mediation Swanage, we need to discuss your financial situation to provide the best advice on settlement options. If your partner doesn’t know about hidden credit card debts or loans, it’s important to be honest. These debts can affect your ability to pay the mortgage or get a new one.

    In court cases about financial settlements, judges usually don’t investigate how debts were spent. Instead, they ask this question:

    • Is the debt a family debt? When the debt was being hidden from a husband or wife, was the money from the loan or credit card being used for the family’s benefit? For instance, a credit card was used to purchase clothing for the family, as well as to pay for family holidays and a car for the family.
    • What impact will the debt have: The court will want to determine whether or not the debt will prevent either spouse from being able to buy another property, continue living in the family home or affect quality of life moving forward.

    When it comes to financial disclosure on separation or divorce, you will need to provide a full and honest financial disclosure of all of your assets. This requirement is in addition to the obligation to disclose debts upon divorce. This includes money that you keep or funds that you give to a member of your family with the instruction that they “hold” it for you, as well as hidden bank accounts that your husband or wife does not know anything about.

    If you don’t provide complete and honest financial information, it might be harder to reach a settlement agreement. Your partner may not trust you, and a court might make decisions against you. For example, if your business is doing well but your financial statements show you don’t earn enough to cover your expenses, the court might think you’re hiding something.

    Even if you want to keep things secret during a relationship, you must be honest about your finances when separating or divorcing. This is a legal requirement.

    Solent Divorce Mediation can help you manage your finances and find a fair solution.

    Contact Solent Divorce mediation Swanage today on 0238 161 1051

  • Parental Obligation: Who Is A Parent? – Mediation Cheltenham

    Parental Obligation: Who Is A Parent? – Mediation Cheltenham

    Solent Family Mediation Cheltenham – What is Parental Obligation?

    Parental responsibility is a broad legal concept encompassing the rights, duties, powers, and authorities that a parent has in relation to their child and their property. While the Children Act of 1989 does not provide a precise definition, it delegates this responsibility to the courts to interpret and apply as necessary.

    Key aspects of parental responsibility include:

    • Decision-making: Parents generally have the right to make decisions about a child’s education, religion, medical care, and other significant matters.
    • Custody: Determining who has primary custody and visitation rights.
    • Child Support: Providing financial support for the child’s needs.
    • Protection: Ensuring the child’s safety and well-being.

    Who has parental responsibility?

    • Mothers: All mothers automatically have parental responsibility for their children.
    • Fathers: Fathers who were married to the mother at the time of the child’s birth or are named on the birth certificate generally have parental responsibility.
    • Others: In some cases, other individuals, such as grandparents or step-parents, may have parental responsibility.

    The scope of parental responsibility can be complex and may vary depending on specific circumstances. For example, while parents generally have the right to make decisions about their child’s education, there may be situations where a court can intervene if a parent’s choices are deemed detrimental to the child’s best interests.

    How Can Unmarried Fathers Obtain Parental Responsibility?
    Unmarried fathers can gain Parental Responsibility through:

    1. An agreement with the child’s mother.
    2. A court order.
    3. Being named in a Child Arrangements Order.
    4. Adopting the child.

    Exercising Parental Responsibility
    Parliament and the courts have differing views on how Parental Responsibility should be exercised. According to the Children Act 1989, individuals with Parental Responsibility can act independently. However, courts have established that certain decisions require consultation with others who have Parental Responsibility. These include:

    • Major medical decisions
    • Schooling choices
    • Significant life events

    Can Parental Responsibility Be Revoked or Ended?
    Parental Responsibility is generally permanent but can be lost in specific circumstances, such as:

    • The child being adopted
    • The death of the individual with Parental Responsibility
    • The child reaching 18 years of age

    Courts rarely terminate Parental Responsibility, and it usually requires extreme circumstances to do so.Contact a Family mediator in Cheltenham today on 0238 161 1051

  • When is Family Mediation Bristol needed?

    When is Family Mediation Bristol needed?

    Divorce and separation can be extremely difficult chapters in life that need a great deal of reorganisation on the part of all parties involved. Solent Family Mediation Bristol offers a dispute resolution technique that can be used instead of going to court. It provides you with a mediator who is impartial and trained to assist you in reaching an agreement that is satisfactory to both parties.

    When a marriage or other significant partnership comes to an end, there are a few things that both parties should do before going their separate ways. Examples of this include the distribution of assets, the agreement of arrangements for the care of children, as well as the handling of more complex matters such as property or pensions.

    In the event that you are unable to come to an agreement on these matters, Family Mediation Bristol is an excellent alternative since it gives you both a voice in determining the outcome. It also assures that your agreement will be achieved more quickly, more cost-effectively, and with less stress than going to court or squabbling amongst attorneys would have caused.

    As a Family Mediator, what do you actually do?

    Solent Family Mediation Bristol offers a structured procedure that assists you in concentrating on the problems that need to be solved and, eventually, assists you in moving on with your life once the problems have been handled. It is not about taking a retrospective look at the relationship, therapy or assigning blame to either party.

    The goal of mediation as a conflict resolution method with Solent Family Mediation is to reach an agreement among the parties involved. It is sometimes known as progressive mediation which focuses on moving forward and looking to the future, rather than dwelling on the past. It can help people avoid the stress and cost of court proceedings. 

    In mediation your mediator will meet online with each party separately, and then we work to formulate a strategy for your group mediation sessions based on what we learn from those conversations.The mediation process will provide you with the opportunity, as well as the time and space, to carefully analyse the factors that are most significant to your children and the rest of your family. You can define child arrangements that are suitable for everyone’s requirements, both now and in the future.

    We also work with you in reaching an agreement on where you will both live, who the children will stay with and what, what would be an equitable split of your resources or what should happen to each of your pensions. We will assist you in reaching solutions regarding any ongoing payments that are to be made between the two of you and finally, we will ensure that whatever assets you have are divided in the most efficient and economical manner.

    When would I need Solent Family Mediation?

    At any point throughout the divorce or separation process, Solent Family Mediation Bristol can be of assistance. Before you can even submit a petition to the court you are required, in the vast majority of instances, to at least consider the possibility of mediating your dispute by participating in a Mediation Information Assessment Meeting (MIAM). Many individuals discover during this how mediation can help during your separation and how it can help you eventually come to an agreement with your ex.

    Online mediation means It is not even necessary for you to be in the same room as each other for you to participate in mediation properly. Online mediation, means that you may resolve all of your concerns with parenting, finances, and property without needed to travel or see your ex face to face.

    The goal of Family Mediation is to help along conversations and agreements that are mutually beneficial to everyone concerned. This is accomplished under the supervision and direction of a trained mediator.

    What are the reasons for choosing Solent Family Mediation?

    Solent Family Mediation assists clients from all across England and Wales by providing mediation services. People who are in need of conflict resolution for family concerns are the major focus of our efforts and we intend to meet their needs in an effective and civil manner. In addition to this we are able to offer a variety of mediation services such as Legal e support and the family mediation voucher scheme, child inclusive and shuttle mediation,


    If you have decided that Family Mediation is the approach that will best meet your requirements, the first thing you should do is make an appointment for a Mediation Information and Assessment Meeting (MIAM). You will have the opportunity to learn about the process of Family Mediation Bristol through your MIAM, which will last for approximately 45 to 60 minutes. If we can reach a consensus on this matter, one of our mediators will assist you in deciding whether or not mediation is appropriate for you and your family, and if we do so, we will be able to formally ask the other party to participate in the process.

    Are you thinking of mediating a family dispute, and do you want additional information on the topic? Get in contact with us right away to have a conversation about your requirements with the members of our specialised team, and make an appointment for an MIAM as soon as it is convenient for you.

    Contact a Family mediator in Bristol today on 0238 161 1051

  • How much does family mediation cost UK?

    How much does family mediation cost UK?

    What is the cost of Mediation?

    You and your ex partner will need to make decisions regarding your divorce that are in your best interests, as well as the best interests of your children if there are any. During the mediation phase of the process both you and your spouse meet with an impartial third party known as the mediator. With the mediator’s assistance, the two of you work together to solve the problems that you need to address so that you can end your marriage in the most amicable and economical manner possible. Concerns that are discussed in mediation can include but not limited to;

    1. What Will Happen to the Family Home
    2. Child Access and Parenting Time.
    3. Child Support Support/Maintenance.
    4. Retirement.
    5. Loans and Credit Cards

    In mediation, the couple, with the help of the mediator, works out agreements on the above issues. It is the mediator’s responsibility to keep communication channels open, generate ideas, help the couple stay on focus and assist the pair in making decisions. When divorcing couples lose focus and move away from the issues during mediation, arguments, name-calling, and negative memories from the past are brought up.

    Mediation is a versatile and holistic process and your mediator will work to find the best solutions for your personal situation. It gives you and your spouse a way to settle the conflict in between you in a manner that assists you to work together as parents, this is very essential if you have children and need to communicate plans with your ex-spouse after you are separated. Mediation has the ability to assist the couple to work out communication if only for the sake of the children, and make a post-divorce relationship a healthy one moving forward..

    A family mediator is neutral and doesn’t take sides of either parent. That means the mediator can not provide guidance to either party. A mediator will stay neutral no matter what the situation. What the mediator can do, however, is assist the separating couple in working on ideas that can ultimately result in arrangements that will help everyone know where they stand moving forward. This open exchange of information and options helps both partners to work with each other in confidence. When both parties are working with goal and objective it typically takes far less time to negotiate a resolution that makes sense to everyone.

    For how long does divorce mediation take and what are the costs?

    How Much Does It Cost to Mediate?

    If you qualify for legal assistance, you will be able to access financial support to pay for the family mediation service. If you or your partner is eligible for legal aid for family mediation, you may only be required to pay for the second and any subsequent mediation sessions. The initial MIAM (Mediation Information and Assessment Meeting) as well as the first mediation session, can be provided at no cost to you.

    If you are required to pay for mediation, you should inquire about the fees charged by the Registered Mediator at the time of your initial contact with them. We offer a transparent fee schedule for private mediation and this can be found here. For mediation sessions and the drafting of documentation, Solent Family Mediators cost an estimate of £120 per person per hour.

    During the initial session, which is sometimes referred to as an MIAM (Mediator Information Assessment meeting), the mediator will discuss with you whether or not they feel you may be eligible for legal assistance. Mediators who are able to deliver Legal Aid will be authorised to carry out formal evaluations. Speak to our team to be connected to our Legal Aid Team.

    In addition, the mediator will be able to provide you with a more precise estimate of how much the mediation process is likely to cost you (based on the number of sessions that the mediator believes you will need to complete in order to reach an agreement), as well as the cost of drafting any documentation that may be required.

  • What do judges look for in child custody cases? – 2021

    What do judges look for in child custody cases? – 2021

    Child Custody – now known as Child Access and Mediation

    Children will always be the top priority, and their well-being will be of the utmost significance. A court will want to know the child’s feelings and emotions over their current situation. Consideration will be given to the child’s emotional, physical, and educational needs, as well as the impact of any changes to the child’s environment.

    Age, gender, characteristics, and background of the child will all play a role in the decision-making process. The judge or magistrate will seek to ensure the child’s safety and the parent’s ability to provide for the child’s needs. A judge or magistrate will only issue an order if it is in the child’s best interest.

    When determining the optimal child access arrangements for the child, numerous aspects are taken into account:

    Child’s emotions and input:

    If your child or children are old enough, around teenage years, the courts will seek their input and take their feelings into account. CAFCASS specialists are trained to communicate with children in a sensitive manner, and if it is appropriate to speak with them, they may not be asked explicitly which parent they prefer to live with, as doing so could make them feel embarrassed and upset either parent.

    Children under the age of eleven will be able to speak, but their opinions may not have as much weight in the court’s judgement. As means of identifying the emotions of very young children, child inclusive mediation may be considered. Regardless of the outcome, the primary concern will always be to cause the child as little distress as possible.

    A child has the right to select which parent they desire to live with at age 16.

    Parental views:

    The judge will consider which parent has had primary responsibility for the child’s upbringing, as taking the child from that parent may be traumatic for the child.

    A court will want to determine who can devote the most time to the youngster. If possible, it is generally considered more advantageous for a child to be with a parent rather than a babysitter; hence, if one parent can devote more contact time, this may work in their favour. However, if either parent presents a risk to the children, such as through alcohol or substance misuse or aggressive behaviour, the judge is unlikely to grant custody to that parent. If either parent presents a risk to the children, such as through alcohol or substance misuse or aggressive behaviour, the judge is unlikely to grant custody to that parent.

    Solent Family Mediation

    If you are unable to agree on child access arrangements amicably, mediation should be attempted whenever possible to find a solution that everyone can agree to moving forward.

    Typically, mediation will take place online and is guided by the impartial mediator to keep the focus on the problem of child access. The mediator will always consider what is best for the child, and it will be their responsibility to keep personal feelings out of the discussions.

    The mediator will attempt to maintain a calm and comfortable environment and may ask to talk with your child. They will only do so if all parties agree and they believe it is necessary to help the case. The mediator will always do the best for the child in child custody cases.

    They will consider the perspectives of both parents and will not take a side. The mediator’s role is to assist the parties in reaching a satisfactory agreement on all elements of child care.

    There are exceptions to the mediation requirement, such as when social services are engaged or when you are the victim of domestic violence. Otherwise, the courts will expect you to have attended an MIAM prior to your case being accepted for a custody hearing.

    Mediation is not free, although those with low incomes may be eligible for legal aid to cover the cost of the MIAM, the cost of mediation sessions for the person with a low income, and if necessary, help with attorneys fees after mediation, in addition the Family Mediation Voucher Scheme is a government-funded initiative designed to make mediation more accessible and affordable for families going through separation or divorce. It offers financial support towards the cost of mediation sessions, helping to reduce the burden on families during a difficult time.

    Key features of the Family Mediation Voucher Scheme:

    • Eligibility: Families must meet certain eligibility criteria, which typically include being separated or divorcing and having a child under 18.
    • Voucher Value: The voucher provides a specific amount of funding towards the cost of mediation sessions.
    • Mediation Providers: The voucher can be used with approved mediation providers.
    • Application Process: Families can apply for a voucher through a designated organization or online.

    Benefits of using the Family Mediation Voucher Scheme:

    • Reduced Costs: The voucher helps to offset the cost of mediation, making it more affordable for families.
    • Faster Resolution: Mediation can often lead to quicker resolutions compared to traditional court proceedings.
    • Reduced Stress: Mediation can be less stressful than going through the court system, as it allows for more collaborative problem-solving.
    • Child-Focused: Mediation prioritizes the best interests of the child and can help to minimize the impact of separation on children.

    It’s important to note that the specific details of the Family Mediation Voucher Scheme may vary and is subject to removal at any time. To find out more about eligibility criteria, voucher amounts, and approved mediation providers in your area, you can contact your local family court or search online for information.

    Call Solent Family Mediation today for more information on how we can help you – 0238 161 1051