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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.


MoJ on mediation costs

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18 Mar 11 #258382 by Fiona
Reply from Fiona
Yes. The new rules require mediation awareness/information sessions for variation applications. There is no reference to Ancillary Relief as such just attending a meeting is required for applications for "financial orders and "financial remedies" These are defined in Rule 2.3 Family Procedure Rules 2010;

"financial order” means—

(a)an avoidance of disposition order;

(b)an order for maintenance pending suit;

(c)an order for maintenance pending outcome of proceedings;

(d)an order for periodical payments or lump sum provision as mentioned in section 21(1) of the 1973 Act(14), except an order under section 27(6) of that Act(15);

(e)an order for periodical payments or lump sum provision as mentioned in paragraph 2(1) of Schedule 5 to the 2004 Act, made under Part 1 of Schedule 5 to that Act;

(f)a property adjustment order;

(g)a variation order [my emphasis];

(h)a pension sharing order; or

(i)a pension compensation sharing order;(“variation order”, “pension compensation sharing order” and “pension sharing order” are defined in rule 9.3.)


“financial remedy” means—

(a)a financial order;

(b)an order under Schedule 1 to the 1989 Act;

(c)an order under Part 3 of the 1984 Act;

(d)an order under Schedule 7 to the 2004 Act;

(e)an order under section 27 of the 1973 Act;

(f)an order under Part 9 of Schedule 5 to the 2004 Act;
(g)an order under section 35 of the 1973 Act(16);

(h)an order under paragraph 69 of Schedule 5 to the 2004 Act;

(i)an order under Part 1 of the 1978 Act;

(j)an order under Schedule 6 to the 2004 Act;

(k)an order under section 10(2) of the 1973 Act(17); or

(l)an order under section 48(2) of the 2004 Act;


www.legislation.gov.uk/uksi/2010/2955/article/2.3/made

  • FrancesPlace
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18 Mar 11 #258399 by FrancesPlace
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yes thats right. As long as there is a willingness to reach a solution mediation can work. No one will be forced to attend mediation. The court will expect people to have attended a meeting where mediation is explained in detail and where people have the opportunity to explain what they want to sort out so that a decision can be made together with the mediator about whether mediation is suitable.

Frances

  • maggie
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19 Mar 11 #258465 by maggie
Reply from maggie
How does the mediator know what agreements the District Judge will find acceptable if mediators don't work in the courts?

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19 Mar 11 #258471 by dukey
Reply from dukey
Knowledge or family law experience and to some extent knowing how the local court react.

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19 Mar 11 #258475 by FrancesPlace
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Many of us who are mediators are also solicitors so we are very aware of the range of orders a court can make regarding financial matters. Many non lawyer mediators have been working for years as mediators and are also aware of the view a court takes. All mediators receive regular supervision and go on regular training courses to receive updates about the law.

In any event, particularly when discussing issues about children, the most important thing is to reach agreement between both parents that work for them and their children. The court will not want to make an order if parents agree. It is very difficult to enforce a court order about children made against one parties wishes.

Court orders can be made about children but they dont always work!

Frances

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19 Mar 11 #258486 by maggie

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