Resolving Finance and Property Issues Through Mediation

  • More divorcing couples are turning to mediation as an alternative to legal proceedings for matters relating to finance and property as well as Child Arrangements
  • Mediation is a particularly attractive option to couples who want to protect their assets from the expense of unnecessary legal costs
  • Unlike Child Arrangements, (which don’t require a Court Order unless you both decide you want one) all decisions relating to the division of finance and property will ultimately need to be ratified by the Court by means of a Financial Consent Order BUT
  • Mediation replaces the need for lengthy (and expensive) solicitor negotiations and reduces the likelihood of even more lengthy (and more expensive court proceedings)
  • Bringing you together to discuss and agree the terms of your own financial settlement may sound stressful at a time when emotions are already running high, but the mediator will provide a safe and supportive environment which allows you to reduce conflict and improve communication

Financial Disclosure

  • The mediator will guide you through the process of financial disclosure and support your discussions about the future based on your own unique circumstances and identified needs
  • Your agreed proposals will be written up by the mediator in a document called a Memorandum of Understanding and will form the basis of your application for an Order by Consent
  • You may need a solicitor to help you file the final application, they will be acting on your joint behalf and will interpret the Memorandum of Understanding into a legally binding document

What is a financial consent order?

  • The financial consent order is legally binding and puts an end to your financial relationship
  • It cannot be changed or challenged in future, even if circumstances change, unless you have lied or failed to disclose all of your financial assets
  • Without a final order, any change in your circumstances (e.g. winning the Lottery) leaves you open to a claim by the other party at any point in the future even if you have been divorced for some time
  • Most couples apply for a financial consent order at the final stage of the divorce proceedings to avoid the risk of future claims

How mediation helps

  • One of the big advantages of mediation in finance related cases is cost. By coming together to agree and negotiate your own solutions you are saving the cost of two solicitors acting on your behalf and attempting to negotiate an agreement, usually through written correspondence
  • A mediated settlement, up to the point of the application for a Consent Order, is likely to cost less than £1,000 per person, including the cost of the documents required
  • Working together gives you an opportunity to explore your own ideas of fairness and to achieve a solution that meets both your needs
  • Where children are involved, it means that you can continue to focus on how you can work together to reach a financial solution that is in their best interests
  • With the help of the mediator, you can improve your communication and explore more flexible, creative solutions
  • The mediator cannot give legal advice but will keep you on track to reach a solution that is legally viable and will recommend independent legal advice at an appropriate stage, before agreeing final proposals, as an additional safeguard to your interests

How to proceed

If you are interested, simply contact us on 01952 327999 or use our booking form for a free initial consultation

You will then be offered an appointment with a mediator to discuss your situation in more detail and establish the suitability of mediation to your circumstances. This meeting is called a Mediation Information and Assessment Meeting (MIAM) and is confidential.

After we have seen both parties, if you decide to go ahead we will ask you to sign an Agreement to Mediate and to complete the required financial disclosure forms.

We can offer a package which includes a specified number of mediation meetings and legal support with drafting the consent order at the end. This will reduce costs even further. Please ask your mediator about this at the initial meeting if you are interested