Separating couples ‘will have to go to mediation’ before being granted a divorce

By
James Chapman

Last updated at 12:08 AM on 7th February 2012


Legislation: Kenneth Clarke, the Justice Secretary, announced the proposed new law to force mediation

Legislation: Kenneth Clarke, the Justice Secretary, announced the proposed new law to force mediation

Separating couples are to be forced to go to mediation before turning to the courts in the biggest shake-up of family law for more than 20 years.

Justice Secretary Kenneth Clarke said the Government would legislate to make it compulsory for anyone wishing to apply to the courts over an acrimonious separation to attend a ‘mediation information and assessment meeting’.

Government sources said the change would apply to married and unmarried couples, whether disputes were over the division of assets or over access to children.

Only in certain circumstances, such as in cases of domestic violence, would couples be exempt.

Ministers argue separating couples
should be made to understand the impact of conflict on children and
encouraged to reach agreement between themselves.

Where legal intervention is
unavoidable, couples will be obliged to sign parenting agreements to
ensure their children continue to have a full and meaningful
relationship with both their mother and father.

As the Daily Mail revealed last
Friday, the law is to be changed to stress the importance of children
having contact with both parents.

Fathers’ rights campaigners insisted
yesterday the reforms did not go far enough – arguing that an assumption
of an equal division of time between mother and father should be
introduced.

However, for the
first time courts will be told children have a legal right to a full
and continuing relationship with both parents.

The Government is to provide £10million to fund a network of independent mediators.

Rift: Separating couples should be encouraged to reach agreement between themselves, ministers say. (Picture posed by models)

Rift: Separating couples should be encouraged to reach agreement between themselves, ministers say. (Picture posed by models)

David Miliband yesterday ruled out a return to Labour’s frontbench saying he wanted to avoid ‘the daily soap opera’ that would arise from working alongside his brother.

His comments came days after he launched a thinly-veiled attack on Ed Miliband’s leadership denouncing Labour’s tendency to wallow in the ‘comfort zone’.

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