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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Mediation ?

  • wscowell
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13 Sep 07 #3315 by wscowell
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Dear Karen,

Don't worry. All that is asked is that you make a genuine attempt to mediate. Legal Aid is public money and they want to stretch it as far as they can. mediation is cheaper than litigation. But if you try, and for whatever reason mediation isn't the answer (fear, he doesn't try, deadlock...) then the mediator reports back that mediation won't produce the outcome.

Your solicitor is then free to apply for a full public funding certificate and can tick the "tried mediation, unsuitable/didn't work" box on the forms.

mediation only comes into play when you are trying to get full public funding for something like ancillary relief - applying to Court for help sorting out money and property matters. It isn't called for in the divorce itself.

You *don't* have to go to mediation if public funding/legal aid is needed for an injunction or other emergency remedy, or any case where delay would be harmful. Hope this helps, good luck.

Will C

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13 Sep 07 #3317 by mike62
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SL, going through mediation myself at the moment. it is possible for the mediator to see both parties separately. Lengthens the process, but I can understand how you might be feeling - :evil:

Mike

  • IKNOWNOW
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14 Sep 07 #3353 by IKNOWNOW
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Hi, Karen

There is no harm in going to the initial assessment which is individual. You may want to seek advice first so that you know what you are entitled to and a basis to start discussions - if you are in the know then it will help you get yourself a fair deal. My mediator said that they are quite strict as to what they allow behaviour wise during a mediation session. My first joint mediation session is on 20th Sept. so I'll let you know more then about MY experience. I am not sure whether I am willing to discuss finances at mediation because I think I'll feel the pressure - as far as my children are concerned I want this sorted out of court so have to try mediation. A court will look more favourably on you if you at least attempt mediation, even if it is only initial meeting. Good Luck with whatever you decide is best for you.

Take Care,

Sarah

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14 Sep 07 #3365 by gone1
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My ex is publicly funded and she was obliged to take mediation. I refused to go and this let her off the hook. If he declines then you dont have to go.

I had to sit in a waiting room a few weeks ago waiting to go into court. That was terrible. I dont want that again. Next time I will try and sit in another waiting room. She sits there so smug with her old man BF.

Yes I am ok thank you. I have my up and down days like everyone else on here. Mostly up though. :)

Chris

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