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Read our latest Financial Settlements guide (2021)

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.

Mediation before court - does it have to happen?

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Manley43
Posted by
Senior Member

15 Jul 14 #439800 by Manley43

Topic started by Manley43

A quick question for those of you who have had experience with this. Ex says she will go to court to try to get spousal maintenance as we cannot agree after a year of solicitors going back and forth. I want to mediate but she has always refused saying I would be unreasonable which I can''t understand at all. However, I went to a MIAM to try to persuade her but they couldn''t get her to.

I''ve heard she has to go to a MIAM before she can take me to court but on closer research it appears she could just go to the MIAM herself and get the mediator to sign a form saying she went and doesn''t think it will work. Her lawyer after all is also a trained mediator so she could just sign it!

Is this right? It says that you have to have considered mediation but this is hardly considering it!

Any advice appreciated.

TurboB
Platinum Member

29 Jul 14 #440799 by TurboB

Reply from TurboB

This is the same as my understanding. You can get a failed mediation form signed by a mediator based on either party thinking mediation will not work. Usually down to trust etc, or assumption that they will get a better outcome in court.

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