Family Mediation

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Family Mediation

Mediation and turning an agreement you’ve reached into a financial consent order.

Mediation is not relationship counselling and mediators will be respectful of the fact you have reached the decision the relationship is over; the role of the mediator is to try and assist the divorcing couple to reach an agreement about what should happen with their property and finances. The Court will want to know that mediation has been attempted before you start court proceedings. There are some exemptions to mediation, for example if you have evidence you have been a victim of domestic violence.

 

During mediation the divorcing couple will exchange financial disclosure and then attend joint sessions to try and reach an agreement about how their reasonable needs can be met fairly from the available assets. The only way to turn an agreement reached in mediation into a legally enforceable agreement is to obtain a financial order. Our solicitors can help at this stage of the process and can also advise about including a clean break provision into the financial order.

 

When the Court considers a financial consent order it will not just ‘rubber stamp’ and approve it because the parties believe it is a fair agreement, the Court also has to decide whether it believes the agreement is fair and if it doesn’t it can reject the draft consent order. A court is more likely to approve an order if it is clear there has been full financial disclosure and the parties have engaged with mediation or had an advice from a family solicitor.

For more information regarding mediation for divorce proceedings contact our family law team on [bolton-tel] or email us.

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