Mediation is better – couples told as top ten divorce courts are revealed
This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government
Thousands of separating couples are being urged to spurn confrontational courtroom battles and use mediation to sort out disputes over their property, finances and children, as new figures reveal the ten busiest divorce courts in England and Wales.
Courts in Birmingham, Weston-super-mare and Coventry head the list, followed by Romford, Leicester and Bristol as well as Norwich, Leeds, Chelmsford and Manchester.
In light of these figures Family Justice Minister Simon Hughes has called on parents and couples who have made the difficult decision to divorce to use mediation to sort out disputes over their property, finances and children, rather than face the stressful experience of going to court.
He said people can now use the new user-friendly Family Mediation Council website to find a local mediator to help them.
Family Justice Minister Simon Hughes said:
Mediation works in helping to sort out disputes over finances and children. We are committed to making sure that more people make use of it rather than go through the confrontational and stressful experience of going to court.
These figures show thousands of people are sadly still divorcing each year. We want them to do it in the least damaging way for everyone involved, especially children. That is why we want them to use the excellent mediation services available to agree a way forward, rather than have one forced upon them in the courts.
Mediation uses negotiations to reach agreements which both people are prepared to live with, rather than having them dictated by the court. It is led by a trained and certified mediator and couples can ask a court to consider and make their agreement into a legally binding and enforceable court order.
In 2012/13 more than 17,000 people successfully used legally aided family mediation – which is often quicker, cheaper and produces longer lasting results than going to court – to sort out disputes over their property, finances and children.
The Government continues to provide millions of pounds of legal aid so that more separating couples can make use of mediation – and in some cases financial help is also available for legal support for the process.
The Government has introduced major changes in the Children and Families Act that makes sure separating parents and couples have to first consider using mediation to resolve the issues around divorce and separation – like splitting finances and property or agreeing child contact times – rather than fighting over it in court.
The new law, which comes into effect on 22 April 2014, changes the process so that a person who wants to apply for a court order about a children or financial matter must first attend a mediation information and assessment meeting (MIAM). Exemptions from this requirement will apply, such as where there is evidence of domestic violence.
Research shows that mediation can help people to reach solutions more quickly and cheaply and that couples who use mediation are less likely to need to return to the legal system to sort out ongoing issues. As it is a less confrontational process than taking a battle to court, it is also less traumatic for any children involved.
The courts where the most divorce petitions were:
|Court||Divorce petitions 2013|
|Birmingham Civil Justice Centre and Family Courts||2,655|
|Weston-super-mare County Court *||2,385|
|Coventry Combined Court Centre||2,215|
|Romford County Court||1,863|
|Leicester County Court||1,780|
|Bristol County Court||1,672|
|Norwich Combined Court Centre||1,655|
|Leeds Combined Court Centre||1,543|
|Chelmsford County Court||1,542|
|Manchester County Court||1,541|
*The vast majority of petitions for Weston-super-Mare come from online petitions
Notes to editors
- People can find a mediator in their area by visiting www.familymediationcouncil.org.uk
- Quarterly court statistics broken down by Court
- ONS Divorce statistics show 118,140 people divorced in England and Wales in 2012 – an increase from the 117,558 in 2011.
- Last year more than 17,000 people successfully used publicly funded mediation with only six per cent needing further legal services, compared to 21 per cent of those who didn’t use mediation. ‘Sustainability of mediation and legal representation in private family law cases: Analysis of legal aid administrative datasets, Quartermain [MoJ 2011]’
- Mediation won’t be right for everyone. Some people will be able to sort out their own disputes without using mediation or going to court. In certain other circumstances – such as with domestic violence or child protection concerns - legal action through the courts may be needed.
- Access information for anyone considering divorce or separation, advice on some of the support and services available
- More information on family mediation and reaching agreements can also be found on the Sorting Out Separation web app at sortingoutseparation.org.uk
- For more information please call the Ministry of Justice press office on 020 3334 3536.
Published: 28 March 2014
From: Ministry of Justice