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Turning a MOU into Consent Order

  • resignedtoit
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05 Dec 21 #518269 by resignedtoit
Topic started by resignedtoit
hi. I am confused about the mediation / Consent Order process slightly, and am hoping someone out there can clarify. I'm sure I am not the only one in this situation.
We've gone through mediation and agreed all the details of an amicable split. Now we just want to get the Memorandum Of Understanding turned into a Consent Order and get the divorce done. But the mediator said we now both need to get separate legal advice from solicitors ?! That is exactly why we did mediation, to avoid conflict and solicitors costs. With the MOU, we do not both want legal advice. Can one of us approach a solicitor to turn the MOU into CO ?
thanks

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05 Dec 21 - 05 Dec 21 #518273 by wikivorce team
Reply from wikivorce team
It is not mandatory to get legal advice - but is advisable for those in any doubt about the agreement and its consequences.

The idea behind getting legal advice at this final stage would be to:
- check that the deal is broadly fair (in line with family law guidelines)
- advise on anything that's been missed - e.g. pension shares
- advice on other considerations e.g. capital gains tax
- basically to make sure that you fully understand the important legal agreement you are about to sign (as you cannot change your mind later)

If neither of you wishes to take legal advice then you can still proceed with a Consent Order. Wikivorce offers a fixed fee Consent Order service to produce and submit the document to the court.
Last edit: 05 Dec 21 by wikivorce team.

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