What do I need to do before issuing divorce proceedings?

We find it interesting that when a person faces separation from their partner and the breakdown of their relationship their first thought is likely to be lawyers and courts.

Despite a huge effort by professionals who practice in the family law arena to provide information to separating couples of the many and varied processes available to them to resolve issues outside of court, the fact of the matter is that for most people their first port of call is a lawyer.

Here at Ketley Miller Joels all of our solicitors are members of Resolution First for Family, an organisation of about 6,500 family professionals committed to resolving disputes arising from the breakdown of relationships in a constructive and respectful way.

We are familiar and confident with all out-of-court dispute resolution processes and work with a range of professionals from financial advisers to divorce coaches to assist our clients in engaging in the process that is appropriate for them and their situation. This may include issuing court proceedings

Before court proceedings are issued, an applicant (the person issuing the court proceedings) must usually attend a mediation information and assessment meeting (“MIAM”). There are exceptions including where there has been domestic abuse or the matter is urgent.

Our Margaret Kelly-Edwards is an accredited mediator qualified to undertake MIAM meetings for people we are not advising individually or representing at court. Clients of the firm we refer to other service providers.

What happens at a MIAM?

Margaret will ask you about your situation. She will provide you with information about all non-court based dispute resolution processes and about the court process. She will assess whether in her opinion the facts of your situation are suitable to explore resolving your matter outside the court process. She will also reach a view as to whether you could manage an out of court process. Margaret will also offer to contact the other person giving them the opportunity to attend a MIAM.

Where does the MIAM take place?

Margaret is quite content to undertake the MIAM remotely (e.g. by zoom). Alternatively, it can take place at our office in Mayfair.

How much does a MIAM cost?

We charge £160 plus VAT of £32 per meeting. This includes, where appropriate, the preparation of the court form confirming a MIAM has taken place.

How long does a MIAM take?

A MIAM can be arranged very quickly. The meeting itself takes about 45 minutes.

What happens after a MIAM?

If both people conclude that mediation or some other non-court based dispute resolution process is suitable for them and Margaret agrees, she will then proceed on the next steps of the mediation or other process. If the dispute is resolved outside the court process, where appropriate, the parties’ solicitors will draw up and a lodge consent order with the court.

If one of the parties and/or Margaret do not consider the matter suitable for non-court based dispute resolution, Margaret will then sign the required form so that court proceedings can be started.

Why non-court based dispute resolution?

• There are very long delays in courts. This means it is likely that your case will take longer to conclude going through the court process.
• Research shows that parties who reach their own agreement are generally more satisfied than those who have a decision imposed upon them by a court.
• Non-court based dispute resolution generally costs less than court proceedings.

If you have any queries regarding MIAM’s, Margaret can be contacted at margaret@kmjsolicitors.com or 0203 7096895.