6 top things to consider during mediation in divorce
1) How does this compare to court? Will the divorce mediation settlement accord with what would happen at court? The divorce mediators ensure that all family mediation in divorce proceedings are aligned with the S.25 Matrimonial Causes Act 1973 factors. Judges will apply these factors to divorcing couples. Our independent divorce mediators do the same thing. Our divorce mediation services will help you look, amongst other things, at:
a. available financial resources
b. earning ability
2) Emergency & Long term plans Mediation in divorce situations often needs to look at short term plans (e.g. in an emergency situation where one party has left the matrimonial home) and longer term plans. During mediation in divorce cases, our mediation divorce service will always ask clients to consider when is the right time to implement any future divorce mediation settlements that are proposed. After both parties have honestly declared their assets, the divorce mediator at our divorce mediation service will look, realistically, at what is affordable. Affordability is an essential practical consideration when the basic needs of the family is greater than the available family income and/or capital. During mediation for divorced parents, the divorce mediators will explore this through use of an income and expense sheet specifically tailored for divorcing parents or couples.
3) Reviewable Mediation in divorce looks at foreseeable future changes that may happen to the family’s income. This could be e.g. lodgers, loss or gain in work or benefits, new partners etc. The divorce mediator may propose a future review date which will give peace of mind to the couple that the arrangement is potentially flexible. This is necessary only in circumstances where, at the time of settlement, both parties are sure that there is likely to be a significant change to at least one parties financial position in the foreseeable future e.g. a significant increase in income or a new live-in partner.
4) Trust Do you trust your ex-partner to be honest about their finances during mediation in divorce? Our divorce mediation service will advise you about the importance and consequence of not undertaking full and frank disclosure, to each other, of all assets owned or income. Failure to be honest about assets could lead, at any time in the future, to punitive measures being imposed by a judge. The original settlement agreement will also be voided. Our divorce mediators ensure each party is able to make financial enquires of the other. This helps the mediated agreement to stand the test of time, be endorsed by the court, and be accepted by family members and friends.
5) Emotional and financial cost What sort of financial settlement do you need when considering family mediation in divorce? With the assistance of our divorce mediators, our divorce mediation service will help you plan a realistic, affordable and achievable financial settlement. A divorce mediation agreement at our divorce mediation service is far cheaper and quicker than a court battle which can often last years.
6) Longevity and brevity People undertaking mediation in divorce proceedings sometimes want to know that the agreement reached is legally binding and will conclude financial ties to their ex. Divorce mediation at our divorce mediation service can provide this assurance. Such a mediation agreement can be very easily and affordably made into a court order by consent. If made into a consent order, the agreement will come with the peace of mind that it is a full and final agreement or a clean break of all financial ties. If it is retained as a private agreement prepared by our divorce mediators at our divorce mediation service (and not converted to a court order by consent), it stands as a legally persuasive document which a judge would very seldom depart from.
The helpful video on the benefits of divorce mediation can be watched at: https://www.youtube.com/watch?v=53FLJ414PyY