Is mediation legally enforceable?
The mediation Wigan agreement is not legally enforceable. If both parties agree, the agreements can be incorporated into a legally binding order.
A frequently asked question is “what is the point of family mediation if the outcome is not legally enforceable?”
In the United Kingdom, all family mediation Wigan is conducted without prejudice. This means you can discuss issues freely, make offers, and explore alternatives without being legally obligated to do so if mediation fails and you end up in court. When an agreement is reached, it can be documented in a memorandum of understanding. This documents your agreement and allows you to either take it to your own solicitors or instruct a solicitor to check it for a fixed fee memorandum advice package.
We can legally bind any agreement reached through our service or any other mediation service.
Only the family court has the authority to make a couple’s agreement legally binding. The exception to this rule is a detachment deed, which welcomes the court to enforce your financial agreement reached during mediation Wigan in the event of a subsequent divorce. These are drafted by an attorney and will be signed by both parties. Confused? We are not taken aback. Family law is extremely difficult and fraught with grey areas. Its because each family and scenario is unique, and the law should reflect this.
So, what can you do to legally bind your mediation agreement? Consider the following options:
ORDER OF CHILDREN’S ARRANGEMENTS
A child arrangements order is the only type of order that can legally bind your parenting plan. The order may include information about where and when your children will stay, as well as what will happen during holidays, Christmas, and other special occasions. It can also be used for more specific purposes, such as determining the location of the children’s school.
Financial arrangements for children are governed by a variety of different statutes. To obtain a child coordinations order, you must fulfil a C100 form and, unless one of mediation Wigan exclusions applies to your case, you will typically be required to attend an MIAM.
If you and your spouse reach an agreement through mediation Wigan , a parenting plan will be drafted.
The majority of parents can come to an agreement without resorting to the courts. A parenting plan can be beneficial in outlining how you and your spouse will collaborate to raise your children. If the situation deteriorates, the parenting plan can be produced in court.
A court will agree to make your child custody order legally enforceable only if they believe it is in the children’s best interests. Keep in mind that the best parenting plans are adaptable and will assist you in adapting as your children mature and their needs and desires change.
Child custody orders are frequently fixed in order to be enforced. This results in parents having to go through mediation Wigan and then back to court each time they want to amend the plan. However, for some families, they are indispensable in ensuring that the agreement reached is adhered to.
By consent, you can have the parenting plan converted into a legally binding child custody order. We charge a flat fee for this service.
ORDER OF CONSENT
A financial consent order may be obtained only after a decree nisi has been granted as part of a divorce. You cannot obtain a consent order unless you have obtained a divorce or are not married.
Your financial agreement will become legally binding as a result of the consent order. Additionally, it can provide a clean break if there are no outstanding payments between you and the Agreement Settlement.
Unlike a child custody order, a financial consent order is something that every divorcee should consider. It ensures financial security and protects you from future claims by your former partner, but after your relationship has ended.
If you are entering into any type of pension sharing agreement, you will require a consent order authorising the pension companies to transfer funds. They are also necessary if you want a clean break, if you agree on any ongoing payments, or if you plan to sell a property after the divorce.
SEPARATION AGREEMENT
When you are married but do not wish to initiate divorce proceedings immediately, a solicitor can draught a deed of separation. It invites the court to decide on your financial arrangements in the event of a subsequent divorce. The court will accept this if both parties have obtained independent legal advice, had access to an open financial disclosure, and the agreement was not entered into under duress.
A separation agreement can also be used by unmarried couples who have joint assets to divide.
Because the separation agreement does not require court intervention, it is typically much faster than a financial consent order. However, keep in mind that they do not provide the same level of security as a clean break consent order if you are still married.
CAN I REFUSE TO SIGN AN AGREEMENT?
Yes, and in many cases, you are not required to sign the mediation Wigan agreement due to its non-binding nature. Numerous individuals prefer to take their mediation Wigan agreement to a lawyer for a memorandum sense check. This can provide you with peace of mind that the terms of your agreement are reasonable, and the solicitor may suggest items you overlooked, such as the capital gains implications of your agreement or alternative dispute resolution.
However, once a final mediation Wigan agreement is reached, you should adhere to it. This contributes to the development of goodwill between you. In some instances, your agreement may be produced at a later date in court, and the judge may inquire as to why you wish to modify the arrangement.
SUMMARY
Family Wigan mediation is a technique that can assist you in reaching an agreement regarding parenting and/or financial arrangements. Once an agreement has been reached, you can consent to have your arrangements made legally binding.
This is a significantly less expensive option than hiring a solicitor to represent you in court and gives you control over the outcome. After that, the outcome can be made legally binding.
Please call Family Mediation Service Wigan for more information.
