London, February 24: Couples will be forced to undergo mediation to resolve any disputes before resorting to the courts in a shake-up of the divorce system.
Justice minister Jonathan Djanogly said mediation was “a quicker, cheaper and more amicable alternative, particularly where children are concerned”.
The move follows a recommendation from the family justice review report intended to cut the strain on the system as an increasing number of parents become involved in legal wrangles over children and money.
Under the change, anyone wanting to use the courts must undergo compulsory mediation first, which could cost some couples up to £140 (Dh831).
The proposals, which come into force from April 6 under a new agreement between judges and the ministry of justice, represent an extension of the system already in place for couples granted legal aid.
The move comes after Justice Secretary Kenneth Clarke’s plans to scrap civil legal aid for a range of cases, including disputes over relationship break-ups.
Djanogly believes people are often too willing to hand over their personal problems for the state to solve.
“Nearly every time I ask someone if their stressful divorce battle through the courts was worth it, their answer is ‘no’,” he said.
“Mediation already helps thousands of legally-aided people across England and Wales every year, but I am concerned those funding their own court actions are missing out on the benefits it can bring.”
“Now everyone will have the opportunity to see if it could be a better solution than going straight to court.”
Djanogly has insisted that, at more than £2 billion a year, the legal aid bill in England and Wales was far more per head than most other countries.
“Our proposals aim to radically reform the system and encourage people to take advantage of the most appropriate sources of help, advice or routes to resolution, which will not always involve the expense of lawyers or courts,” he said.
Contact time
A ministry spokesman said many people repeatedly went to court to argue over matters they were better-placed to sort out themselves, such as securing 30 minutes extra contact time with children or varying their allocated contact days.
About 137,000 such cases were dealt with in 2009, a rise of 16 per cent.
In cases where either party or the mediator felt mediation would not be suitable, the cases will continue towards the court.
-Agencies