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Financial Mediation - a process to help separating couples achieve financial settlement

Mediation can be very effective at resolving financial matters because the process enables you both to make informed choices.

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What is Financial Mediation?

It is so easy to take sides and become positional when navigating financial issues. Any financial agreement however has to be fair to each party. We help you achieve this.

How the process works

There are a number of stages to help you to resolve your financial issues through mediation:

1. The exchange of financial disclosure

Through whatever forum finances are resolved there is a very clear staged process. The first stage of which is the mutual and mirror exchange of financial disclosure. We have a specially designed mediation disclosure form which we ask you to fill in, either in advance of or during the first session of mediation. We exchange the documentation so that you each have a copy of each other’s disclosure. We then prepare a schedule summarising what you have each provided.

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The disclosure exchanged is “open disclosure” – this means that you can show your solicitors each other’s disclosure and take advice upon what an appropriate financial settlement would be. If the process was to break down then you can show the disclosure to a Court. It is therefore important to be open and transparent. The reason why the exchange of disclosure is so important is to enable each of you to make informed choices about your future.

It may be that certain assets need to be valued. for example properties and/or pensions. We can work with third parties and invite them into the process, where appropriate, to provide independent expert guidance in an impartial way. We recognise that every situation is different, and we therefore tailor our process to meet your situation. We work with barristers, pension advisors, property valuers and a host of like-minded other professionals to help you to resolve the issues between you both.

2. Negotiating a financial settlement

Family Mediation can be used to discuss all aspects of your family finances. It is also a very appropriate forum to negotiate living together agreements and pre and post nuptial agreements. All discussions which take place are confidential and cannot be reported to a Court unless or until there is a full agreement. Mediation is a safe space so that you can explore issues without fear of being bound by discussions.

Once you have reached a settlement we prepare the documentation and in a format your solicitors can then convert into a legally binding form to file with the Court if you are going through the divorce process. Alternatively you may choose to do it yourselves if you do not have legal representation. If you are not married then you may choose to enter into a separation agreement