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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.


Should I see a solicitor before I go to mediation?

  • happyworker
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22 May 11 #269350 by happyworker
Topic started by happyworker
I have been away for a two weeks and come back to a letter from a mediator with an appointment scheduled in four days time. This was arranged by my wife in my absence.

The children have gone so there are just the two of us and our assets to sort out, my income is three times hers and I have saved hard over the years, she has nothing to speak off being a keen shopper.

I understand I will have to go at some point but feel unprepared as i haven't got a solicitor yet or sought advice.

Should I change the appointment until I have had advice or will the first appointment not get into depth that I need to be concerned about?

  • Fiona
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23 May 11 #269356 by Fiona
Reply from Fiona
Both parties usually see a mediator separately at the first appointment so the mediator can give information about the process and find out a bit about the issues. It isn't necessary to see a solicitor before starting mediation. In fact often it is easier to come to an agreement when there are no preconceptions.

Conventional solicitor negotiation secures the best possible outcome for a client at the expense of the other party which has the potential to cause unnecessary conflict. With mediation it is case of going through the issues together to find a way forward that can work for everyone and it is less damaging to long term family relationships.

When agreement can be reached it is case of taking a written copy to a solicitor who checks it and then drafts it in a form than can be approved by the courts. The agreement isn't legally binding until it's ratified by the courts.

If no agreement is reached you will still have an idea of what can be agreed, what might be agreed and what issues are still to be resolved. That can save both time and expense exchanging solicitor's letters.

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23 May 11 #269362 by happyworker
Reply from happyworker
Many thanks Fiona

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