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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Ex Refuses to Mediate - C100 and Application

  • Fiona
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30 Mar 15 #458945 by Fiona
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In most family cases the applicant to a court action is required to organise a MIAM. Failure to do so can result in delay because the court may not hear the case until the requirement has been fulfilled. On a positive note it isn''t uncommon for the respondent to engage in mediation when they are invited by a mediator even if they refused to go before.

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04 May 15 #460824 by s59
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Is that really the case Fiona? I have to say I think the whole "repeat MIAM" thing to be a utter nonsense - I do agree there is a case for parties to have to attend a MIAM once so they are ''forced'' to listen to what mediation is all about, but I''m potentially going to have to attend a fourth MIAM soon! My ex is never going to attend mediation except if ordered by a Judge (this was the one time she went), so why keep making me go each time?!! I think if you''re in the situation where parties refuse to willingly try mediation, my view is that there''s not much hope for settling outside of Court anyway!

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