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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.


The privilage of abuse

  • soulruler
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18 Aug 12 #350363 by soulruler
Topic started by soulruler
sparked in my mind is the failure of mediation and then the frustation all round of having to engage in the court process.

The legal profession would have you believe that nothing from the mediation can be produced in evidence in court proceedings.

This I believe by rules of evidence and much much more is wrong.

yes, I agree that any financial settlement put forward in negotiation is not binding in law, primarily because there is no need for a mediator to be trained and licenced in Law.

However, any letters and admissions that can be proven during mediation are as admissible in law as a false negotition tactic put forward on your behlaf by a non legal third party.

It boils down to rules of evidence which are covered in part by CPR 22 I think.

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18 Aug 12 #350364 by soulruler
Reply from soulruler
I make the distiction in that I believe that recognised mediators have to have competency and qualifications (no disrespect I would have liked to get resolution via mediation but ex declined) but mediators do not necessarily have the certification for court advocacy in Uk Courts.

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