Collaborative Law: A more amicable approach to divorce
Collaborative Law offers couples a constructive way to navigate divorce, putting them in control of decisions and reducing conflict. Instead of facing lengthy court battles, parties work together with legal and financial professionals to resolve issues calmly, protecting relationships and supporting a smoother transition for both families and finances.
Divorce can undoubtedly be one of the most traumatic, stressful events in life, leading to fears and uncertainty over the future, upheaval whilst coping with a mixture of emotions from grief, bitterness, and anxiety. Sadly divorce is a common experience.
The Office for National Statistics in 2023 show 103,816 legal partnership dissolutions, with 102,678 divorces and 1,138 civil partnerships. Couples are faced with navigating the strain of an adversarial legal process but also the emotional fallout of the ending of a relationship.
A divorce can undoubtedly lead to hostilities, angry exchanges and a long court process, however a growing number of couples are finding ways to separate in a more amicably way. A collaborative law approach can provide both parties with legal support but other professionals such as financial advisors, life coaches who can assist parties in sitting around a table to agree all aspects of divorce finances and children without having to set foot in a court.
The collaborative approach involves a commitment to avoiding court to enable parties to work together to resolve issues around a financial settlement between them by agreement rather than having this imposed upon them. It puts both parties in control of decision making and emphasizes effective, calm, and rational communication in a confidential and safe environment, which helps to reduce conflict and emotional impact.
The emphasis on cooperation and respect helps to maintain an amicable relationship between couples, which is vital for continued co-parenting and future interaction.
Mediation. An alternative method to dispute resolution
Family Mediation can help you resolve the issues surrounding your separation or divorce in a constructive and amicable way, which usually helps you both to move on with your lives in a way that traditional ways of resolving disputes cannot. Mediation is just one of many alternative dispute resolution approaches.
Contact our Collaborative Law specialists in Yorkshire
If you would like to know more, Jane Auty, Partner and Head of Family Law offers a free 15 minute telephone consultation. To book or to find out more please contact our Client Relations Team on 0113 246 4423 (please select option 1) or email us at clientrelationsteam@thorntonjones.co.uk or ask a question using our online enquiry form.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Child Arrangements Over the Summer Holidays – A Mediation Perspective
For children, as the summer holidays fast approach, excitement builds. For separated parents, it can be a period of stress, frustration and conflict, particularly when there is no clear plan in place for when children will spend time with each parent.
This time of year especially, given that the school holidays often feel like they last a lifetime, can become challenging, emotionally charged and overwhelming for parents. Navigating this can be incredibly difficult.
As such, many families struggle to agree when the children will be with each parent and some may even feel they bear the brunt of the responsibility of caring for the children, or organising childcare, during the school holidays.
Both parents have equal rights and responsibilities to their children meaning they both have the same right to spend time with their children and the same duty to care for them. There is no Law in place that guarantees both parents have to be responsible for childcare during school holidays unless, of course, there is a Court Order already in place which specifically deals with such issues.
What should separated parents do if they can’t agree on child arrangements over the summer holidays?
If separated parents can’t agree on summer holiday arrangements, they should first try open, cooperative communication. If that fails, family mediation offers a faster, more affordable, and child-focused alternative to court. Thornton Jones Solicitors advise that early communication and, where needed, professional mediation are key to resolving summer child arrangements without court.
Steps to resolve summer holiday child arrangements
- Start discussions early with the other parent.
- Focus on the children’s needs and preferences.
- Use parenting apps to support clear communication.
- Consider family mediation if discussions stall.
- Check if you qualify for the government mediation voucher.
Common Challenges with Summer Child Arrangements
During the summer holidays, co-parenting challenges often become more pronounced. Without a clear and mutually agreed plan, tensions can rise and communication may break down. Some of the most frequent issues separated parents face at this time of year include:
- Unequal division of school holiday time – Tensions can rise when one parent feels they’re getting significantly less time with the children. This imbalance can feel unfair and may lead to ongoing conflict.
- One parent refusing to assist with childcare – If one parent refuses to help with childcare or assumes the other will manage alone, it can cause frustration and resentment, especially when both parents are working.
- Children’s wishes conflicting with one parent’s plans – Older children may express preferences that don’t align with one parent’s expectations, leading to disappointment or conflict around autonomy and decision-making.
- Disagreements over childcare or activity costs – Disputes may arise over who pays for summer clubs, trips, or childcare, especially when financial arrangements haven’t been clearly agreed.
- Changes to usual handover arrangements – Summer holidays often require adjusted handovers due to trips or altered work patterns. If not agreed in advance, this can cause confusion or missed contact.
- Holiday plans that don’t fit within agreed timeframes – A parent may want to take the children away during a period not allocated to them, leading to disputes over fairness or consent.
- Issues related to new partners or blended families – Introducing new family dynamics over the holidays—such as partners or step-siblings—can trigger emotional or practical complications.
- Lack of clarity in existing parenting plans or court orders – If parenting agreements are vague or silent on summer holidays, parents may struggle to interpret what’s “fair” without further guidance or mediation.
How to Navigate Co-Parenting During School Holidays
There will need to be a good level of communication and compromise. Be flexible and accommodating, whilst maintaining the children’s emotional stability. The considerations of the children should be considered. It is important to listen to the children’s views, however it is then for the parents to weigh up and consider those views so that they as parents can make decisions. After all, these arrangements are ultimately about them. Keeping children informed about the arrangements their parents have agreed for them can also relieve any anxiety or uncertainty they may have and will allow them to enjoy the holidays without worry. You should consider the children’s needs when making plans, bearing in mind their routines, preferences, and desires . Focus on creating a sense of stability and consistency for them, even if it means compromising on your own preferred schedule or plans.
Tips for Communicating with Your Co-Parent
We acknowledge this can be difficult when each parent has work commitments, but your first step should be to open up a line of communication with the other parent, giving plenty of time for discussions to take place, from a position of cooperation and conciliation – it will make decisions much easier. Remember: tone can easily be misinterpreted in texts and emails, so they may not be the most effective forms of communication. Try to communicate with the other parent face-to-face if possible or, for example, via video call. There are also various parenting apps which aid in communication between parents.
Mediation and School Holidays – What to do when there is no agreement in place
If direct discussions reach an impasse when attempting to agree the arrangements for your children, Mediation can provide a neutral ground to explore possible solutions. With the help of a trained Mediator, separated parents can work towards a plan that focusses on the happiness and well-being of their children.
Key Benefits of Family Mediation:
Mediation offers a faster, more affordable, and more collaborative alternative to Court. It empowers both parents to stay in control of the decision-making process whilst prioritising their children’s best interests. The three biggest advantages are:-
- Lower cost – far more affordable than Court proceedings
- Faster resolution – avoids long Court timescales
- Better outcomes – agreements made by parents tend to work better than Court-imposed Orders
The Government has, for quite some time now, been running a voucher scheme to help towards the cost of joint Mediation sessions relating to child arrangements. This voucher is a one-off payment of up to £500.00 i.e. £250.00 per parent. This voucher can be used towards the first joint Mediation session, making Mediation an even more cost-effective way forward.
The Extended Family Mediation Voucher Scheme
Find out more about the Family Mediation Voucher Scheme including the benefits and how to find out if you are eligible by reading this Blog by Stacey Higgs, Family Law Paralegal.
Remember, co-parenting during the summer doesn’t have to be a battle. With open communication, flexibility, and, where necessary, support from a trained mediator, you can build a plan that puts your children first and reduces conflict for everyone involved.
Some Useful Resources
The National Association of Child Contact Centres (NACCC) was founded in Nottingham in 1991 with the establishment of the first Child Contact Centre. It is a registered charity, and an umbrella organisation which sets the National Standards to which Child Contact Centres must work. NACCC, in collaboration with Our Family Wizard, has developed a Parenting Plan Template that aims to cover most of the issues that might arise after you have separated so that you can co-parent effectively.
OurFamilyWizard invented the concept of a shared parenting application. Its website, iOS, and Android applications have been used by nearly one million people since the company was founded in 2001. The platform allows parents to communicate, share calendars and journals, track expenses, and more. OurFamilyWizard is recommended by family law attorneys, mental health practitioners and courts in all 50 U.S. states, Canada, the United Kingdom, Australia and New Zealand.
Cafcass advises the family courts about the welfare of children and what is in their best interests. Their Parenting Plan can be accessed and completed online. Cafcass say “A Parenting Plan can help because it shows clearly what arrangements and actions you have agreed to meet the needs of your child. Agreeing a plan can avoid you having to go to court to reach such an agreement or have arrangements ordered by the court. Agreeing a plan shows your child that you are putting them first and will always act in their best interests.”
Contact our Family Law team here at Thornton Jones
Our friendly and experienced family law team at Thornton Jones Solicitors is here to help. Contact us at any of our offices to discuss your situation further and to book an appointment.
Family Mediation Frequently Asked Questions
MIAM stands for Mediation Information and Assessment Meeting, and it is an initial meeting between yourself and a qualified Family Mediator. The purpose of a MIAM is to assess whether your issues can be resolved through the use of Family Mediation, negating the need to take your matter to Court.
A Mediation Information and Assessment Meeting (MIAM) is held between just you and the Mediator. The other party would not be present. The other party would also need to attend a MIAM to formally assess their suitability for Family Mediation and, assuming both assessments provide a favourable outcome, the Mediator will recommend pursuing Family Mediation as a way forward.
A 2020 survey undertaken by the Family Mediation Council showed that “Mediation is successful in over 70% of cases”. This means that in over 70% of cases, separating and divorcing couples were able to reach an outcome through the use of Family Mediation and without the need to take their matter through the expensive, stressful, and time-consuming Court process.
Although there are no strict rules over who pays for Family Mediation, it is typical for all costs to be shared equally. Your Family Mediator will set out the costs for Mediation at the outset so that you are aware of how much the mediation process will cost. The fees for mediation will vary depending on whether you are seeking mediation services for financial matters only, mediation services for children’s matters only, or mediation services for all matters. The costs for mediation will also be dependent upon the number of mediation sessions required to reach an outcome.
For eligible parties, vouchers towards the cost of mediation are available up to the value of £500 (claimed by the mediator on your behalf and apply only where discussions around child arrangements are required) through the Government’s Family Mediation Voucher Scheme.
There is no fixed term for how long family mediation takes. The process can take anywhere from just a few weeks to many months. How long mediation takes depends on the type and complexity of the issues needing to be resolved. Typically, Mediation achieves a quicker resolution than that of the traditional Court route. Mediation can also reduce costs and associated stress.
If mediation doesn’t work, then there are a few options. Arbitration is a good way of having a third-party preside over the facts of the case and make a decision on your behalf.
The arbitrator will make a decision using the same judgement criteria as a Court however comes without the timescale considerations, the increased costs, and the ruling of a Judge when pursuing the court route. Arbitration dos require both partied to be amenable to this route to resolution. If this isn’t the case, then often litigation through the Courts is necessary.
Another way forward is an Early Neutral evaluation, or Collaborative Law, or having a private Judge (in financial matters) assist by providing an indication and guidance as to how the family assets should be shared.
Family Lawyers, and indeed the Ministry of Justice, are keen to keep divorce matters out of court. It is proven that the use of Alternative Dispute Resolution, which includes Mediation, Collaborate Law, and Arbitration, is a far quicker, cheaper, and less stressful route to resolution. This approach also fosters a better future relationship between the divorcing parties which is especially beneficial where children are involved.
The content of this blog post is for information only and does not constitute formal legal advice. It should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Pets and Divorce: Why UK Law Needs to Catch Up
From dogs and cats to parrots and ponies, pets are increasingly becoming a source of legal disagreement during divorce and separation. What was once a straightforward matter of ownership is now being challenged by the emotional bonds families form with their animals.
As society recognises pets as part of the family, rather than mere possessions, the law may be about to catch up. With growing calls for reform and recent court cases signalling a shift in how pet disputes are handled.
What happens to pets during divorce or separation?
When couples separate, the law currently treats pets as property or “chattels” which is the same category as furniture or appliances. However, most pet owners will agree that their pets mean far more than a sofa or dining room table.
At present, the future “possession” of a pet is typically linked to whoever purchased the pet or in whose name it is registered. Understandably, many feel that this does not reflect the true day-to-day dynamics of their family.
Courts are considering the emotional relationship families have with their pets
In recent years, several other countries have reformed their laws to ensure pets are not treated like other chattels during divorce or separation proceedings. For example, Spain now requires courts to prioritise a pet’s welfare, including emotional bonds with family members, particularly children, and the care needs of the animal.
In the recent case of FI v DO [2024] EWFC 384, the Judge considered who the family dog saw as its main carer and where it regarded as home. These factors were central to the court’s decision on who should be the dog’s primary legal owner moving forward.
As District Judge Crisp noted in FI v DO [2024] EWFC 384:-
“The legal authority to which I have referred provides assistance as to who has principally looked after the dog. Not who has purchased the dog, that fact in my view is not as important as who the dog sees as her carer. This is not who had previously looked after the dog, but who does now”.
This case reflects a growing trend in family law: courts are starting to give more weight to the emotional relationships that families have with their pets. The dog’s well-being contributed to the overall fairness of the proceedings, underlining how pets can hold significant emotional value post-separation.
Blog: Making provisions for your pets in your Will
More and more people are choosing to make provisions for their beloved pets in their Will. Making sure they enjoy a continued life of luxury after you pass.
A blog by Jess Buckley.
Legal professionals in family law have been proactive in pushing for change
The Working Group which was founded by two family law barristers and now includes other lawyers, veterinarians, veterinary nurses, and a past-chair of Resolution, is advocating for reform. Importantly, their proposals cover all companion animals, not just dogs.
In a recent House of Lords debate (February 2025), the treatment of pets in divorce was raised, and The Working Group is expected to engage directly with the government. Their goal: to propose a modest legal amendment informed by how other jurisdictions handle this issue.
This recent Judgment highlights the courts’ commitment to fairness and to practical, real-life solutions in family law. And it reminds us that, even in the most serious legal matters, a dog truly is for life.
Currently, pets are treated as property under English law. Ownership is usually determined by who bought the pet or whose name is on the registration. However, courts may consider practical care arrangements in some cases.
Yes. Under current law, pets are considered “chattels” which is the same category as furniture or other possessions, although there is growing pressure to change this approach.
Yes, in some cases. For example, in FI v DO [2024] EWFC 384, the court considered who the dog viewed as its main carer. This shows an emerging focus on welfare and emotional bonds, though it’s not yet standard practice.
Possibly. A legal Working Group is pushing for reform, and the issue was recently debated in the House of Lords. Changes may see courts take pets’ welfare into account more formally during separation proceedings.
Need help deciding what happens to your pet after separation?
Our friendly and experienced family law team at Thornton Jones is here to help. Whether you’re facing a dispute over a beloved dog or looking to put clear arrangements in place for your pet, we can guide you through the legal process with care and empathy. Contact us at any of our offices to discuss your situation further and to book an appointment.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Navigating Blended Family Dynamics: The Benefits of Family Mediation for Blended Families
Blended families come with their own unique challenges. Often, when parents remarry or cohabit, they bring together children from previous relationships, creating new family structures that may involve complex dynamics. As families try to navigate this new reality, they often encounter practical issues such as the organising the children’s schedules, and working around the parents’ schedules to ensure the children spend good quality time with half-siblings or step-siblings.
As Family Mediators, we are seeing an increase in blended families, which can encompass complex relationship dynamics. One of the most common challenges is managing different parenting styles that may be adopted by new partners. Parents from previous relationships often have their own established ways of raising children, and this can sometimes lead to tension when they try to establish a new set of rules or routines . This can often cause conflict between parents.
Another common challenge faced by blended families may present in relation to differing expectations. New family members, whether biological parents, step-parents, or step-siblings, may have different ideas about what their roles should be and how they should relate to one another. For example, a step-parent may struggle with their role in disciplining step-children, while a child may have trouble accepting a new adult figure in their life. Similarly, siblings from different households may not immediately bond and they may even clash over shared spaces or resources.
Meet our Mediator
Shelley Wales qualified as a solicitor in 2001 and is a Partner and Head of Family Dispute Resolution here at Thornton Jones Solicitors. Shelley is a qualified Family Mediator and One Lawyer service provider.
Shelley’s warm and calm demeanour helps couples who are separating and divorcing reach fair and amicable outcomes, offering reasonable and pragmatic solutions to both children and financial matters, Shelley has a wealth of experience in achieving long lasting results.
How can Mediation help Blended Families?
- Mediation provides an open and neutral space where parents can discuss and understand each other’s parenting approaches, their needs, fears, and hopes for the future. This is especially valuable in blended families, where some may feel uncertain about their place in the new family dynamic, fostering a more stable and cohesive environment
- A trained Mediator helps facilitate communication, clarify issues, identify common goals and explore possible solutions, ensuring that both parents are heard, and that any concerns or desires are addressed in a constructive way, which is essential for creating lasting and safe relationships
- Parents can align on key aspects such as expectations, discipline, decision-making and emotional support, ultimately working together to create a unified approach to parenting, finding common ground and building trust
- Families can set their own realistic expectations, boundaries and routines for how relationships should evolve, which feel fair and comfortable for everyone
- Mediation can assist in resolving immediate conflicts however, in the long-term, Mediation encourages ongoing communication and cooperation within the family. Blended families are more likely to thrive when everyone feels heard and when family members work together to create a sense of shared purpose and mutual respect
- Mediation can help families prepare for the future by discussing potential challenges ahead, meaning stronger foundations that allow families to adapt more easily to new circumstances without falling into conflict.
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What Is the Goal of Family Mediation?
The ultimate goal of Family Mediation is to create an environment where every individual feels valued and respected. By addressing potential issues head-on, families can move past initial uncertainty or awkwardness and form meaningful bonds that support long-term happiness and stability. In a world where family dynamics are continually evolving, Mediation is a key resource for helping blended families thrive. It offers a path to understanding, and long-lasting relationships that helps families move forward together.
Blending families isn’t just about resolving conflicts—it’s about building new relationships which are happy, safe and secure.
Family mediation is a structured process where a neutral third party (a mediator) helps family members communicate, resolve disputes, and reach mutually acceptable agreements. It is voluntary, confidential, and focused on creating long-term solutions.
Family mediation can assist with a range of issues, including parenting arrangements, financial matters, communication breakdowns, and conflict resolution in blended families or separated households.
Mediation is typically faster, less expensive, and less stressful than going to court. It encourages cooperation, preserves relationships, and allows families to create tailored solutions rather than having a judge impose a decision.
How Do I Start Family Mediation?
Find out more about mediation and how it can help you by contacting our family law solicitors in Yorkshire or explore our website to find useful articles relating to family mediation, the benefits of family mediation, how mediation can help resolve family disputes, and the government Family Mediation Voucher Scheme.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct con
One Lawyer: A Collaborative Approach to Separation and Divorce
Divorce and separation can often be a stressful and adversarial life event that can leave families with long-lasting emotional and financial consequences. The process of dividing assets, determining child arrangements, and negotiating support can quickly escalate into conflict, making it difficult to find a solution that is fair and respectful for everyone involved.
An alternative approach, known as the One Lawyer model, offers a way to navigate these challenges with a focus on collaboration and mutual respect. This approach can help separating couples achieve a more peaceful resolution and minimise the negative impacts of divorce, ultimately prioritising the well-being of all parties, particularly children.
In this blog, we’ll explore how a separating couple can use the One Lawyer model to help navigate financial disputes and child arrangements in a way that is equitable, respectful, and in the best interests of everyone involved.
What is the One Lawyer Model?
The One Lawyer scheme allows a single legal professional to assist both parties in a separation or divorce. This approach facilitates discussions, provides legal guidance, and helps both parties reach mutually agreeable solutions. It is especially useful in situations where communication has broken down, and couples want to avoid the adversarial nature of traditional court proceedings.
How can a One Lawyer help with Separation and Divorce?
- Neutral Facilitation: A neutral lawyer works with both parties to find common ground and guide the process.
- Minimises Conflict: By fostering collaboration, a neutral lawyer reduces the emotional strain and helps avoid contentious court battles.
Financial Resolution with One Lawyer
Dividing finances can be one of the most complex and contentious aspects of a separation or divorce. Property, investments, pensions, debts, and spousal support must all be considered. The decisions made during this phase will have long-lasting financial impacts on both parties.
How can a One Lawyer help navigate financial issues?
1. Asset Division
A neutral lawyer will assist in the fair division of assets, both tangible and intangible, ensuring that everything from property, vehicles, bank accounts, business interests, and pensions is accounted for. They’ll help both parties understand their rights and options to ensure a fair distribution.
2. Debt Allocation
Separating couples must also address how shared debts, such as mortgages, loans, and credit card balances, will be managed. A neutral lawyer can help allocate debts fairly between the parties, avoiding confusion or resentment down the line.
3. Spousal Support
Spousal support can be a contentious issue, particularly if one spouse has been financially dependent on the other. A neutral lawyer helps both parties understand legal guidelines on spousal support and works to negotiate terms that are fair and reasonable. The lawyer also assists in determining the appropriate duration and amount of support, taking into account factors such as income, standard of living, and the length of the marriage.
4. Child Support
When children are involved, child support becomes a crucial aspect of the financial settlement. A neutral lawyer ensures that child support calculations comply with legal guidelines and are based on the needs of the children, as well as the parenting arrangement. The lawyer can also facilitate an open discussion about the financial responsibilities of each parent moving forward.
By assisting in these areas, a neutral lawyer helps separating couples make informed decisions, reduce conflict, and avoid the financial strain and stress that often come with litigation.
Meet Your One Lawyer Specialist
Shelley Wales qualified as a solicitor in 2001 and is a Partner and Head of Family Dispute Resolution here at Thornton Jones Solicitors. Shelley is a qualified Family Mediator and One Lawyer service provider.
Shelley’s warm and calm demeanour helps couples who are separating and divorcing reach fair and amicable outcomes, offering reasonable and pragmatic solutions to both children and financial matters, Shelley has a wealth of experience in achieving long lasting results.
Co-Parenting and Child Arrangements
When children are involved, the well-being of the child must always be the priority. Divorce or separation can be emotionally draining, and children often find themselves caught in the middle of conflicts. A neutral lawyer can help parents develop a parenting plan that works for both parties and serves the children’s best interests.
How can a One Lawyer Help with Co-Parenting and Child Arrangements?
- Parenting Plans: A neutral lawyer helps parents create a comprehensive parenting plan that outlines the time each parent will spend with the child and addresses important decisions related to the child’s upbringing. The aim is to create a plan that is flexible yet provides stability for the child.
- Co-Parenting Support: Successful co-parenting relies on cooperation and open communication between parents. A neutral lawyer can help facilitate discussions around each parent’s expectations, needs, and evolving roles, offering advice on effective communication tools that reduce misunderstandings and prevent conflict.
- Emotional and Legal Support: Divorce and separation can be a turbulent emotional journey. A neutral lawyer offers both legal expertise and a supportive environment where parents can express their concerns and work collaboratively to find solutions that benefit everyone, especially the children.
What are the Benefits of Using a One Lawyer?
Opting for a neutral lawyer during a separation or divorce comes with several significant benefits:
1. Cost-Effectiveness
Divorce proceedings can be costly, particularly when both parties hire separate lawyers. Using one lawyer helps streamline the process, which can significantly reduce legal fees and associated costs.
2. Reduced Conflict
Divorce is often emotionally charged, and the One Lawyer model helps manage tensions by encouraging open, respectful communication. This is especially important when children are involved, as it reduces the emotional strain on them and promotes a more cooperative co-parenting dynamic.
3. Faster Resolution
Traditional divorce processes can take months or even years to resolve, especially when they involve lengthy court proceedings. Working with one lawyer allows couples to resolve issues more efficiently, leading to a quicker, less stressful conclusion.
4. Consistent Legal Advice
Having one lawyer provides consistent legal advice to both parties. This ensures that everyone has a clear understanding of their rights and obligations, reducing the likelihood of misunderstandings and disagreements.
5. Tailored Solutions
By working with one lawyer, couples can develop tailored solutions that address their specific needs and circumstances. The lawyer helps craft agreements that are fair, balanced, and mutually beneficial.
Is a One Lawyer Right for You?
This model works well for couples who wish to work together constructively to reach a fair outcome. However, it’s essential that both individuals understand and agree that the lawyer will be advising them jointly.
When One Lawyer Might Not Be Suitable:
- Domestic Abuse: If there has been any form of abuse in the relationship, the One Lawyer model may not be appropriate.
- Power Imbalance: If there is a significant power imbalance between the parties, a neutral lawyer may not be the best choice.
- Financial Transparency Issues: If one party is concerned that the other may hide financial information, the model may not be effective. Transparency and trust are crucial for this approach to work.
Even in complex financial situations, such as with pensions or taxes, a neutral lawyer can help identify when outside expertise is needed and bring in the appropriate advisors.
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How is One Lawyer Different from Mediation?
The One Lawyer model is often compared to mediation. Both involve a separating couple working with a professional to reach an agreement on financial and child-related matters. However, the primary difference lies in the role of the professional.
- Mediation: In mediation, the mediator provides assistance but cannot give legal advice. If the couple requires legal advice, they must instruct separate lawyers outside the mediation sessions.
- One Lawyer Model: In the One Lawyer model, the solicitor provides joint legal advice to both parties, eliminating the need for separate legal advice. This helps simplify the process and keeps costs down.
The cost of participating in the One Lawyer model can vary, depending on the matters which need resolving and the complexity. The trained expert lawyer will be able to provide fee information at the initial separate meeting.
Proceeding with the One Lawyer model typically depends on specific criteria. Generally, it may be suitable for separating couples in relation to financial matters and/or child arrangements following on from their separation.
The One Lawyer Scheme is most effective for cases that require consistent and ongoing legal support. It is commonly used for family law matters, such as divorce, finances or child arrangement disputes. Complex cases where multiple legal issues need to be managed simultaneously can also benefit from this approach. If you’re unsure whether your issue is suitable, it’s best to speak with the legal provider directly to determine if this approach is appropriate for your needs.
How Do I Get Started with One Lawyer?
If you and your ex-spouse or partner are interested in the One Lawyer model for resolving financial matters or child arrangements, the first step is to schedule an initial suitability assessment with a lawyer experienced in this model. For more information about how One Lawyer can help you through your divorce and separation, and to explore the other Alternative Dispute Resolution (ADR) options available to you, please call us at any of our offices to discuss your unique situation and to make an appointment.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
The Extended Family Mediation Voucher Scheme
Family Mediation Week 2025 brought attention to the importance of Alternative Dispute Resolution (ADR) in Family Law. This year, the spotlight was on the growing role of the Mediation Voucher Scheme, which supports families in resolving disputes outside of the court system. With a newly approved extension of the Mediation Voucher Scheme, even more families can now access valuable support to find peaceful, cost-effective resolutions.
What is the Family Mediation Voucher Scheme?
The Family Mediation Voucher Scheme was introduced during the COVID-19 pandemic to ease the pressure on the Family Court system, which was facing a significant backlog of cases. This time-limited scheme was designed to encourage families to consider mediation as an alternative to lengthy and costly court battles.
Under the scheme, families receive a voucher worth up to £500 (with £250 allocated per person) to contribute towards the cost of their first joint mediation session. This helps reduce the financial burden on families when resolving disputes through mediation rather than court proceedings.
What Are the Key Benefits of the Mediation Voucher Scheme?
Extending the Mediation Voucher Scheme has far-reaching benefits. Here’s why it’s such an important step for families:
- Affordability: Reduces the financial strain of accessing mediation.
- Efficiency: Helps resolve conflicts outside of court, speeding up the process.
- Less Stress: Minimizes the emotional and financial strain that comes with prolonged court cases.
- Accessibility: Supports families with child arrangements or both child and financial matters (known as ‘AIM’ or ‘all-issues’).
- Alleviates Court Backlog: Reduces pressure on the judicial system, benefiting everyone involved.
By increasing access to mediation, this extension aims to help more families achieve peaceful resolutions and avoid the adversarial nature of the court system.
How Does the Mediation Voucher Scheme Support Families?
The Mediation Voucher Scheme focuses on families with the following needs:
- Child arrangements: For parents seeking to make decisions about the care and living arrangements for their children.
- AIM (All-Issues Mediation): For families working to resolve both child arrangements and financial matters, such as division of assets and support.
These types of disputes can be incredibly stressful for families, but the Mediation Voucher Scheme provides a helpful solution that enables families to work together towards an amicable resolution.
What is the Positive Impact of Extending the Mediation Voucher Scheme?
The extension of the Family Mediation Voucher Scheme marks a significant step forward in supporting families and easing the pressure on the judicial system. By promoting mediation as the first step in resolving family disputes, this extension helps families reach quicker, more compassionate resolutions while reducing the emotional and financial toll of court cases.
More families now have the opportunity to work through their issues through mediation, avoiding a lengthy and adversarial court battle. This approach encourages long-term cooperation, especially in situations involving children.
A Step Toward a More Supportive Future for Families
The extension of the Family Mediation Voucher Scheme is a positive and much-needed development in family law. It highlights the importance of supporting families through challenging times and encourages alternative dispute resolution methods that can create lasting, peaceful solutions.
By providing greater access to mediation, we are helping families avoid the emotional and financial toll of court cases. It’s a conversation worth having, and it’s one that will continue to grow in importance as more families discover the benefits of mediation.
The Family Mediation Voucher Scheme provides families with a voucher worth up to £500 to use towards the cost of their first joint mediation session, aimed at resolving family disputes outside of court.
The scheme is available to families dealing with child arrangement issues or those seeking to resolve both child arrangements and financial matters through mediation.
The extension of the scheme will help more families access affordable mediation, reducing the need for costly court cases and helping them resolve disputes more amicably.
By encouraging families to use mediation as an alternative to court, the scheme reduces the number of cases that need to go through the judicial system, easing pressure on the courts and speeding up case resolutions.
Families can apply for the Mediation Voucher Scheme through accredited family mediation providers. Check the GOV.UK website for further details and how to apply.
We have a wonderful library of useful Blogs and articles on the benefits of Family Mediation and other options available to you when divorcing or separating. Visit our News & Views page or click on any of the links below to find out more.
Five Ways You Can Achieve a Healthy Divorce
Separation and divorce can be an extremely difficult and emotional time for everyone involved, even more so if you have children together, and it may feel to most that a “healthy divorce” is just not viable… Read more
What is Alternative Dispute Resolution in Family Law?
Alternative Dispute Resolution (ADR) provides a variety of methods which can be used to resolve family disputes outside of going to Court. ADR aims to save parties time and money, reduce animosity between… Read more
How Family Mediation can help Resolve Family Disputes
When separating or divorcing there is often tension between the couple as they embark on a journey to agree the settlement of matters such as where the children will live, how often the children will… Read more
Contact us
For more information about how Family Mediation can help you through your divorce and separation, and to explore the other Alternative Dispute Resolution (ADR) options available to you, please call us at any of our offices to discuss your unique situation and to make an appointment.
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Five Ways You Can Achieve a Healthy Divorce
Separation and divorce can be an extremely difficult and emotional time for everyone involved, even more so if you have children together, and it may feel to most that a “healthy divorce” is just not viable.
Achieving a healthy divorce doesn’t just help separating couples, it also greatly benefits children. Co-parenting can be difficult, especially with the raw emotion and financial worry of separating or divorcing, however trying to maintain a healthy relationship after separation is hugely important to children, their memories and experiences of being a child, and also how they go on to lead their own lives as young people and adults themselves. Children notice when their parents are under pressure, strained or upset, and it is imperative that your feelings towards your former partner are not projected onto your children.
What Are the Benefits of a Healthy Divorce
A healthy divorce helps to minimise unnecessary conflict and reduce tension at an already acutely stressful time. This promotes a cooperative and positively mutual approach to resolving issues whilst helping both parties to navigate the divorce process.
Participating in a healthy divorce can also help to preserve relationships with your former partner’s family members, which can be important, especially where children are involved. You never know when you might be in a tight situation and need someone you trust to help with the children!
Depending on the circumstances, below are some top tips for guaranteeing that you and your former partner can experience a “healthier divorce”:-
1. Prioritise Open Communication From the Outset
Communication is an enormous part of separation and divorce, especially when trying to agree a financial settlement (like what should happen to the family home etc) or the arrangements in respect of the children. Being mature, considerate and respectful may seem difficult or impossible when emotions are high and/or relations are strained, however responding to things immediately (being reactive), blaming one another and using inflammatory language is not going to resolve the issues. Behaving in this way will undoubtedly lead to heightened stress and anxiety and will make matters worse. If direct communication is challenging for you and your former partner, consider responding when you have had time to think things through, via email, specialised apps (i.e. Talking Parents or Our Family Wizard) or through your Solicitor to reduce conflict. There are also processes available to separating couples who need a little non-contentious assistance, such as Mediation.
2. Be Prepared to Cooperate and Compromise
It may be difficult to agree on how to divide your assets or make child arrangements however there are different methods of Alternative Dispute Resolution (ADR), enabling you to make informed decisions without the need for a costly and lengthy Court application. ADR such as Mediation and Collaborative Law, can assist negotiations and discussions in a controlled environment. A willingness to compromise is extremely likely to expedite the process, positively reduce conflict and set the tone for your future going forwards.
How Family Mediation Can Help Resolve Family Disputes
When separating or divorcing there is often tension between the couple as they embark on a journey to agree the settlement of matters such as where the children will live, how often the children will visit the other parent, what happens to the house, the savings, any debts, and any future payments (often referred to as spousal maintenance). This can be an emotional, stressful, time-consuming, and expensive time. This is where mediation can really help in allowing the couple to work through each matter in a calm, structured, and non-confrontational way.
A Blog by Shelley Wales, Partner and Head of Family Dispute Resolution
3. Try to Maintain a Degree of Perspective
Whilst going through a separation or divorce, it is easy to get caught up in the past and present, instead of looking to the future. Separating and/or getting divorced is an extremely emotional and stressful time however it is important to remember that it will not last forever, there is an end point. You may not be able to see it right at this moment, but there is a light at the end of the tunnel. It is always best to try to sit back and look at the bigger picture/long-term arrangements as opposed to seeking to “win” within the separation/divorce process. There are no “winners” during contested and conflicted proceedings, when it comes to mental wellbeing and health.
4. Seek the Advice of a Legal Professional
Having a Solicitor to advise you on your situation, what you are entitled to and what your next steps should be can hugely assist in maintaining a healthy divorce. By understanding your legal position, you are able to make more informed decisions, set realistic expectations, and achieve a positive long-term outcome.
Taking care of yourself – prioritise your physical and mental health by engaging in activities that you enjoy and that brings you joy and relaxation. Whilst this may be incredibly difficult, it is important to focus on other aspects of life whilst looking forward to your future and new chapters.
5. Invest Time in Taking Care of Yourself
Prioritise your physical and mental health by engaging in activities that you enjoy and that brings you joy and relaxation. Whilst this may be incredibly difficult, it is important to focus on other aspects of life whilst looking forward to your future and new chapters.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Understanding Your Divorce Entitlements: How Family Mediation Can Help You Achieve a Fair Settlement
Divorce is never an easy process, and one of the most challenging aspects can be understanding what you’re entitled to when it comes to finances and assets. Many people enter into divorce proceedings with preconceived notions of what they should receive, only to find that the reality is quite different.
This blog will guide you through the key considerations in determining financial entitlements during a divorce and explain how family mediation can facilitate a smoother, more amicable resolution.
The Myth of the 50/50 Split
A common misconception is that divorcing couples are automatically entitled to a 50/50 split of all assets. While this might be the starting point for many negotiations, the final outcome often deviates from this simple division. UK law prioritises a fair and equitable distribution of assets, which means that the needs and circumstances of both parties – and any children involved – are carefully considered. Family mediation can play a crucial role here by helping couples reach a mutually agreeable settlement without the need for protracted court battles.
Factors Influencing Financial Entitlements
1. The Welfare of Any Children
- The needs of any children from the marriage are paramount. This could mean ensuring that the primary caregiver has adequate housing and resources to provide for the children. Through family mediation, parents can collaboratively decide on arrangements that best support their children, making the process less adversarial and more focused on the children’s well-being.
2. Income and Earning Capacity
- Both your current and future earning capacities are important factors. If one spouse has a significantly higher income or greater potential for future earnings, the other may be entitled to a larger share of the assets or ongoing financial support (maintenance) to balance the disparity. Mediation offers a platform for both parties to discuss their financial futures openly, enabling a fairer agreement that considers the unique circumstances of both individuals.
3. Contributions to the Marriage
- Contributions aren’t limited to financial ones. Non-monetary contributions, such as raising children and managing the household, are also recognised. The court aims to acknowledge the value of these contributions, which might result in a more favourable settlement for the non-earning or lower-earning spouse. Through mediation, couples can ensure that these contributions are fully acknowledged and respected in their financial settlement, promoting a sense of fairness and mutual respect.
4. The Length of the Marriage
- The length of the marriage can impact the division of assets. Generally, the longer the marriage, the more likely it is that the assets will be split evenly. However, in shorter marriages, especially those without children, the court might aim to return each party to their pre-marriage financial status. Family mediation can help tailor the financial settlement to reflect the unique aspects of your marriage, considering both the length of the relationship and the individual circumstances involved.
5. Standard of Living
- The standard of living enjoyed during the marriage is another key consideration. The aim is to allow both parties to continue a lifestyle similar to that which they enjoyed while married, within the bounds of what is financially feasible. Mediation enables couples to discuss their expectations and aspirations for their post-divorce lives, facilitating a settlement that reflects the lifestyle both parties wish to maintain.
Types of Financial Orders
When determining financial entitlements, the court can make several types of financial orders. However, mediation can often help couples reach agreements on these issues without needing a court order, making the process quicker, less costly, and more cooperative.
1. Property Adjustment Orders
- These orders involve the transfer or sale of property, with proceeds being divided between the parties. The court might order the family home to be sold and the proceeds shared, or it may transfer ownership to one spouse, particularly where children are involved. Mediation allows couples to explore various options regarding the family home, potentially reaching a solution that avoids the emotional strain of selling the property.
2. Lump Sum Orders
- One party may be required to pay a lump sum to the other. This could be to balance out the division of assets, particularly if one spouse retains the family home. Through mediation, couples can negotiate lump sum payments in a way that feels fair and manageable to both parties, rather than relying on a court-imposed decision.
3. Spousal Maintenance
- Spousal maintenance (or alimony) is financial support paid by one spouse to the other after divorce. This is more likely where there is a significant income disparity or where one spouse has been out of the workforce for a significant period, for example, due to child-rearing responsibilities. Mediation provides a space for discussing spousal maintenance openly, helping to ensure that both parties’ needs are met without fostering resentment or conflict.
4. Pension Sharing Orders
- Pensions are often one of the most valuable assets in a marriage. A pension sharing order allows for one spouse’s pension to be split, shared, and transferred into the other’s name or for a lump sum to be paid from the pension pot. Mediation can help demystify the complexities of pension sharing, allowing both parties to reach an agreement that secures their financial future.
Prenuptial Agreements and Their Impact
Prenuptial agreements can play a significant role in determining financial entitlements. Although not automatically legally binding in the UK, they are increasingly given weight in court, provided they meet certain criteria, such as both parties having received independent legal advice and the agreement being fair at the time of divorce. If you have a prenuptial agreement, it’s essential to discuss its terms with your solicitor to understand how it may impact your entitlement to assets and financial support. Mediation can also be a valuable tool for discussing the implications of a prenuptial agreement, potentially preventing disputes from arising in the first place.
Blog: Five reasons why you might need a Prenuptial Agreement
It may seem odd, or even counter-intuitive, to be discussing separation and divorce at a time when you are finalising your wedding plans, but with around one third of marriages ending in divorce, statistics should prompt you to at least consider what the financial outcomes might be were you to divorce.
A Blog by Jane Auty, Partner and Head of Family Law
The Importance of Legal Advice and Mediation
Navigating the financial aspects of a divorce can be complex and emotionally taxing. It’s crucial to seek independent legal advice tailored to your specific circumstances. A solicitor specialising in family law can help you understand your rights, negotiate a fair settlement, and, if necessary, represent your interests in court. However, before heading to court, consider family mediation as a first step. Mediation can provide a more amicable, cost-effective way to resolve disputes, allowing you to maintain control over the outcomes rather than leaving them in the hands of a judge.
Final Thoughts
Divorce can bring financial uncertainty, but understanding what you are entitled to can provide some reassurance. The process involves careful consideration of multiple factors, from the needs of any children to the length of the marriage and the contributions of both parties. Mediation offers a way to navigate these complexities with less conflict, fostering a cooperative atmosphere where both parties can work towards a mutually beneficial settlement. Remember, the goal is not to penalise or reward but to ensure a fair distribution of assets that allows both parties to move forward with financial security.
If you’re going through a divorce, ensure you have the right legal support to guide you through this challenging time. At Thornton Jones Solicitors, our experienced family law solicitors are here to help you understand your rights and secure a fair settlement. And if you’re looking for a less adversarial approach, we also offer family mediation services to help you reach an agreement that’s in everyone’s best interests.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Navigating the Financial Disclosure Process in a Divorce: Where Do You Start?
Divorce can be a challenging and emotional time, with a lot to think about. One of the most significant aspects of the process is sorting out your finances. But where do you start? Understanding the financial disclosure process is crucial in ensuring a fair settlement, and in the UK, this often involves completing a Form E.
This blog will guide you through the key steps to prepare for a meeting with your solicitor, helping you gather the necessary financial information efficiently.
What is Form E and Why is it Important?
Form E is a comprehensive financial statement required in divorce proceedings in the UK. It is used to disclose all assets, liabilities, income, and expenses. Whether you are negotiating directly, attending mediation, or going to court, Form E plays a vital role in reaching a financial settlement.
Why Should You Prepare in Advance?
While your solicitor will provide a blank Form E and a checklist, preparing the necessary documents in advance can save you time and money. Certain documents, such as pension valuations, can take weeks or even months to obtain, potentially delaying the entire process.
What Should You Prepare for Your Solicitor?
1. Pensions: How to Get Your Cash Equivalent Transfer Value (CETV)
Pensions are often the most time-consuming financial documents to obtain, especially public sector pensions like those in the NHS, which can take months. To avoid delays, request your CETV from your employer as soon as possible.
- Request CETVs for all pensions: You will need to contact each pension provider to obtain a CETV for every pension you have.
- Track down lost pensions: If you’re unsure how many pensions you have, visit the HMRC or the Government Pension Tracing Scheme website to locate any previous pensions. Your previous employers may also help identify which companies hold your pensions.
2. Property: What Do You Need to Disclose?
When completing Form E, it’s essential to disclose all properties you own, whether jointly or solely, including land and buildings.
- Valuation of the family home: Obtain a valuation from a local estate agent.
- Mortgage redemption statement: Provide a statement detailing the current mortgage liability and any early repayment penalties.
- Estimate sale costs: The form will require an estimate of the sale costs, typically around 2% of the property’s value.
- Ownership status: Most couples own property as ‘beneficial joint tenants,’ meaning a 50% share each. However, note that the final settlement may differ from this starting point.
3. Bank Accounts: Which Statements Are Required?
You need to provide 12 months’ worth of bank statements for every account you hold or have a beneficial interest in.
- Include all accounts: This includes current, savings, and joint accounts.
- Investment statements: You must also provide statements for any investments, such as ISAs, shares, and premium bonds. It’s helpful to gather these documents from your bank or online banking.
4. Income: What Documentation Do You Need?
Form E requires you to disclose all sources of income, which includes employment earnings, benefits, dividends, rental income, and more.
- Wage slips and P60: Provide your last three months’ wage slips and the most recent P60.
- Other income sources: Include documentary evidence for all other income streams.
- Income anomalies: Detail any irregularities, such as a one-off bonus that may not be repeated. You’ll need to estimate your net income for the next 12 months, considering all potential changes.
5. Valuation Evidence: What Personal Belongings Need to Be Valued?
You must provide valuation evidence for personal belongings worth over £500.
- High-value items: This includes jewellery, watches, artwork, antiques, and significant furniture or house contents.
- Vehicles: Provide valuations for any vehicles you have an interest in. An easy way to do this is by using instant valuation websites like ‘We Buy Any Car’ and submitting a screenshot or email of the valuation as part of your financial disclosure.
Why is Timely Preparation Crucial?
While this blog outlines the primary documents you need to gather, it doesn’t cover everything required for Form E. The financial aspect of a divorce can be lengthy, but by preparing early, you can avoid unnecessary delays and additional costs.
Conclusion
Divorce is never easy, but understanding the financial disclosure process can help ease the burden. By following these steps and preparing your documents early, you can ensure a smoother and more efficient path towards a fair settlement. If you’re ever in doubt, your solicitor is there to guide you through every step of the process.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
