THE FINANCIAL MEDIATION PROCESS BIRKENHEAD IS OUTLINED IN EIGHT STEPS, AND THEY ARE:

Divorcing or separating couples often have difficulty reaching an agreement on the financial aspects of their divorce or even the terms of their separation. If you Google the phrase “what should be a fair financial settlement,” you will almost certainly come up with many conflicting answers and even more consternation. Even well-intentioned family and friends can make mistakes when giving guidance. The purpose of this blog post is to describe our use of the mediation Birkenhead process to assist you in reaching a fair and satisfactory financial agreement with your creditors. We are aware that following this procedure is effective in 90 per cent of the cases we encounter.

Family law aims to ensure that your future needs are met and that any agreement prioritises your children over all other considerations, regardless of the circumstances. A detailed analysis of the Section 25 factors that a court will consider can be found in our Ultimate Guide to Financial Settlements.

There are no limitations on what you and your partner can agree on as long as it is something that you both consider reasonable. However, the court must determine that you and the other party reached a fair deal for your agreement to become legally binding through a financial consent order.

The likelihood of your request being granted increases if you have made a complete financial disclosure and sought assistance from family mediation Birkenhead or a family law solicitor.

Our blog post titled “The 11 ways to agree” may be of assistance in this situation. Agreement on the method(s) by which your financial dispute will be resolved can save you significant time, stress, and money even if you cannot reach an agreement.

One of these methods is to use mediation Birkenhead within the family unit. Financial order applications are typically filed with the courts before family mediation, and this is for a legitimate reason. This section will walk you through the various steps of the financial mediation process.

In other words, what exactly is financial mediation Birkenhead and how does it operate?

a procedure for resolving financial disputes

THE FIRST STEP IS TO TRAVEL TO MIAMI.

To get started, we will schedule a one-on-one meeting with you. It is formally known as a MIAM, which stands for Mediation Information and Assessment Meeting, and it takes place once a month. We must do this with each of you individually (you may bring a support person).

On our page titled ‘What is Family Mediation?’, a flowchart depicts the steps involved in the procedure.

Unless there is an urgent and pressing matter that necessitates mediation on the part of one or both parties, you may proceed with your financial disclosure after both parties have completed their MIAMs

AN IMPORTANT FINANCIAL DISCUSSION WILL BE HAD.

Depending on their circumstances, they may face a looming mortgage payment that they are confident will be missed or with other pressing financial obligations requiring agreement. The completion of this step is necessary before they can begin financial disclosure or reach an agreement on asset distribution. Suppose both clients agree to meet with your family mediator to resolve this urgent matter(s). In that case, it may be possible to fix this urgent matter(s) during a joint mediation Birkenhead session with your family mediator.

In the second step, financial information is made publicly available.

It will be necessary for both of you to provide financial disclosure information even if there isn’t a situation that requires it.

When it comes to disclosing your financial information, you have three options.

Form E must be completed in its entirety to be accepted. First and foremost, the complete disclosure of financial information is the preferred course of action.

Many different types of documents fall into this category, such as bank statements from the previous twelve months. Before submitting a petition to the court for a financial order, you must first complete and submit this form. As an additional precaution, both parties must sign their Form E to ensure complete and accurate. Providing false information to defraud someone may be considered fraud, and you may find yourself in hot water if you are required to appear in court for a monetary order. Form E can be viewed and downloaded in its entirety by visiting this page.

MAKE A WRITTEN DECLARATION (OPTION 2)

This is the option selected by 80 per cent of our customer base. Even though they contain a comprehensive financial disclosure, as required by courts and solicitors, the spreadsheets take less time to complete than a Form E in most cases.

EXCEPTIONAL CASE DISCLOSURE IS OPTION 3 IN THIS CASE.

According to Form D81, the absolute minimum information that must be provided includes the following: Your real estate, investments, pension, and debts are all included in this report, along with a variety of other financial data. On the other hand, they have not decomposed in any way. If you are considering this option, you should seek legal advice regarding the potential legal ramifications of your decision before proceeding and signing the disclaimer.

Unless you and the other party can come to terms on a method of disclosure, you will be required to complete a Form E, Option One, as mandated by the law.

What is the purpose of making a financial disclosure statement?

To reach a legally binding agreement at the end of the process, it is necessary to obtain a financial consent order from the court. Only in this manner can it be ensured that there are no ambiguities and that the agreement reached is beneficial to all parties involved. A consent order approved by the courts that will not be challenged or set aside requires you and your spouse to complete this financial disclosure form.

The third step involves the execution of a financial disclosure agreement.

In the course of the procedure, this is a critically important step. No matter what method was used to obtain the agreement, both parties must have made and agreed to financial disclosure to reach a financial settlement. If you fail to do so, the court will order you to carry out one of the tasks listed above. They can also consider your behaviour if they believe you are being unreasonable or obstructing the process when allocating legal costs and making a decision.

In addition, your mediator will walk you through the financial disclosures you’ve made to ensure that you and your spouse are on the same page regarding them. Without a complete picture of the economic situation, move forward with the mediation process and reach an agreement. We must be able to assist you if you bring all of your financial information to the financial mediation Birkenhead session, including pension valuations. Of course, if you’re talking about parenting issues, you don’t have to say anything like that to be effective.

FOURTH STEP: TRANSMISSION AND EXCHANGE OF INFORMATION

Another critical component of the process is the exchange of financial disclosures between the various parties involved. A financial disclosure session can be scheduled before your initial joint mediation appointment or designed after the previous financial disclosure session has been completed and reviewed. Their use of your financial disclosures is strictly prohibited, and they will not retain copies of your evidence, such as bank statements, for their use or their records. However, they will keep track of the information exchanged between you and them.

You provide financial disclosure before your first joint mediation session, allowing you to seek legal advice, which may be beneficial in your particular situation if you so choose. Otherwise, you may refer to this information between sessions if you require legal assistance.

What is the distribution of our assets and liabilities in this fifth step?

You must ask yourself the following question: “How did I get here?”

The question becomes, “What is the most equitable way to divide our assets and debts so that we can continue living our lives while also providing for our likely future requirements?”

If you and your mediator can work together to resolve this issue, consider that possibility. Taking the “how can I get the most out of this situation” will give you a much better chance of reaching a fair, reasonable, and manageable agreement. According to the field of family law, the latter question is categorically unfounded.

With the assistance of your mediator, you will be able to identify your needs and determine how they can be met with the assets that are currently at your disposal. If you are unsure which factors are generally considered by a court when reaching an agreement and which elements are not, the table below may assist you.

Consider the following factors that have an impact on the financial mediation process.

Read through the ‘Ultimate Guide to a Financial Settlement,’ which goes over the process in greater detail.

HOW MUCH STRENGTH DO I NEED FOR MY REQUIREMENTS TO BE REASONABLE?

For many of your clients, the need to fund two households when only one was previously required is the most pressing issue that you and your client must address. Those going through a divorce or separation might want to read our blog post on the ten options for dividing property; it might open your eyes to some possibilities you hadn’t previously considered.

Investigate online house-moving platforms to determine the cost of a house in the area you wish to live in that will meet your reasonable living requirements at an affordable price while also meeting your financial needs.

Calculate your mortgage borrowing capacity based on your current or projected income sources. What amount of money do you believe you will be able to borrow? In addition, what will be the monthly mortgage payments be like? Are you able to maximise your income when you live apart from your partner? You may be eligible for additional assistance in universal credit or a reduction in your council tax. The calculator on this page can assist you in determining whether or not you are eligible for additional assistance with your monthly budgeting requirements.

Is It Possible to Afford the Sixth Step? It is necessary to provide for one’s spouse.

The financial settlement is dependent on the validity of the agreement and the determination of whether any ongoing payments are required between the couple. However, it demonstrates to the court that you have considered your own and your children’s long-term financial needs. In this situation, spousal maintenance may be applicable – but keep in mind that if a spousal maintenance order is in place, you will not be able to obtain a clean break. Please see our ‘Ultimate Guide to Spousal Maintenance’ for more information on how this works and the option of capitalising (paying spousal maintenance in one lump sum).

If you have children, you may also need to think about child support, depending on the child custody arrangements that have been agreed upon and the ages of the children.

Both parties should set aside money for the future and agree on a reasonable sum. However, while child support is frequently required, the issue of spousal support should become apparent after you and your spouse have gone through this exercise in its entirety.

DOCUMENTATION AND LEGAL ADVICE ARE THE SEVENTH STEPS.

Upon reaching an agreement with your family mediator, your family mediator will draught two documents for you: a settlement agreement and a termination agreement.

A financial statement can be used as evidence in a court of law. Detailed financial information includes a summary of your current assets, liabilities, and revenue.

A memorandum of understanding. The distribution of these assets, as well as any ongoing payments, are detailed in the message.

At this point, the memorandum does not have any legal standing. You may, however, submit it to your attorney for review, or you may take advantage of our one-hour memorandum legal check, which includes a written report of your legal advice.

It is possible to agree on minor changes between you and the mediator, and the mediator can correct any typos that may have occurred. But any significant changes must be agreed upon during a second joint mediation Birkenhead session before they are implemented.

Whenever both parties are satisfied with the memorandum of understanding, you can proceed to the next step.

STEP EIGHT – INCLUDE LEGAL BINDINGNESS IN YOUR AGREEMENT TO MAKE IT PERMANENT.

Once an agreement has been reached, it can be put into effect without being legally enforceable. Many people, however, prefer the security of a financial consent order in the event of a divorce or the safety of a separation agreement if they are not married or do not intend to get married in the foreseeable future. Please see our ‘ Ultimate Guide to a Separation Agreement’ for more information on what this agreement allows and does not allow.

The only way for many people to ensure a legally binding financial agreement with their ex-spouse and, if agreed upon, a clean financial break with their ex-spouse is to obtain a financial consent order.

A financial consent order can be obtained in one of three ways: (1) through a court order, (2) through a court order, or (3) through a court order.

Consent can be obtained online. Divorce Online can help you turn your agreement into a legally binding consent order that can be enforced in court.

With our fixed-fee package, you get everything you need, including mediation and consent orders. It consists of all of the mediation Birkenhead sessions, your memorandum, and the services of a lawyer to help you navigate the court system and cooperatively obtain a consent order.

Make Use of Your Attorney. They will be able to draught the order and communicate with the court system on your behalf. You may also choose to retain the services of a lawyer to provide you with advice on the contents of the court order.

CONCLUSION

The drafting and processing of the consent order should always be handled by a family lawyer, even though there are numerous options available to accommodate varying budgets and degrees of agreement complexity.

On the other hand, the actual value is discovered during the negotiation process to reach your agreement. For example, consider the following scenario: you and your partner cannot get a fair deal through family mediation Birkenhead or another alternative dispute resolution process. In that case, you may find yourself in court, where you will likely have to pay a significant amount in solicitor and legal fees before a judge determines what will happen.

Even though this blog walks you through the mediation Birkenhead process to reach a fair agreement and provides some guidance on the factors to consider when agreeing on your futures, it is not intended to be legal advice. We always recommend that you seek independent legal advice before, during, and after mediation to protect your rights.