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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.


Validity of mediation agreement

  • divdad
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29 Aug 08 #44028 by divdad
Topic started by divdad
Started mediation and am pressured to make quick decisions on arrangements. I wondered how valid these agreements are????????????
mediation tell me they are legally binding. Others tell not worth the paper written on.
Can an arrangement made now be held in later divorce?

  • Ephelia
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29 Aug 08 #44029 by Ephelia
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As I understand it nothing is legally binding until it goes before the court and becomes a Consent Order. I went to mediation, made an agreement (which took weeks) and then my now exh got another solicitor and we were back to square one.

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29 Aug 08 #44030 by divdad
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Sounds too quick. They tell me it takes at least six sessions and about two months. This agreement - if it works then makes divorce straightforward. But I am not so sure.

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29 Aug 08 #44033 by mez
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mediation is supposed to be a way of getting two people together to reach a fair agreement, with a third party making sure it is fair to both.
If you feel pressured the session is NOT being fair to you. Speak up at once and say " I feel pressured at this point and would like some time to reflect on what has been said." Ask for the sessions to be put in writing (or make your own notes) and -if no agreement is satisfactory at that session -say you will consider & get advice on the issue you are not in agreement with and discuss it next time. Lots of good people & information on this site.

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29 Aug 08 #44034 by divdad
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Many thanks for sensible suggestions.
Never thought of that.
Seemed that they just wanted to get something down on paper as soon as possible.
I felt the process put us both at odds straight away with issues that we might have agreed on but now do not.
I feel if an agreement can be reached and the tine and effort put in - it should be binding before any going to any court .
Otherwise not worth doing.
I will sure take your advice

  • Gingerkitty
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29 Aug 08 #44056 by Gingerkitty
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Divdad - I was supposed to go to mediation but I feared pressure by my X2B to get his own way and was told that the mediator could only keep us on track by talking about financial settlement, mediator not there to take sides or keep the peace!!
After careful consideration I decided that I would not be pressurised into mediation and have put finances in hands of my sol - more money I know but worth it for my sanity as X2B is controlling bully.
Had one individual appt with mediator at which was told that he could draw up an agreement if one reached but it was not legally binding until drawn up as proper Consent Order.
At mediation too, my X2B could have lied about any hidden assets and fobbed me off with lies which I couldnt prove only by asking my solicitor to ask for written proof so decided to cut out the mediation middle man.
Hope that helps.
GKx

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29 Aug 08 #44066 by cindygirl
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I may have to go into mediation too soon & dont really understand it, so these posts help me a lot, good luck in your outcome!
Cindy

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