Financial Mediation

A Memorandum of Understanding (MoU) is a summary of everything agreed upon during mediation.

• It records financial arrangements, property division, and spousal maintenance terms.
• It’s not legally binding, but it forms the foundation for your solicitor to draft a financial order.

The MoU helps ensure both parties clearly understand the agreements reached and can move forward with confidence

An Open Financial Statement (OFS) is a document listing both parties’ assets, income, debts, and expenses.

• It’s created after full financial disclosure and is not confidential.
• You’ll both sign it to confirm accuracy.

 The OFS provides transparency, allowing solicitors or the court to see that a full and frank exchange of financial information has taken place before finalising any agreement.

Yes, in most cases, your joint finances remain unchanged during the mediation process.

• Neither party should make large withdrawals or transfer assets without discussion.
• Your mediator will help both of you maintain transparency and build trust during disclosure.

 The goal is to ensure both parties have a clear, accurate financial picture before making decisions about dividing assets, managing debts, or planning for financial support. Learn about what happens to joint debts in financial mediation.

If your ex-partner refuses to attend mediation, you may still participate in the MIAM alone. The mediator will then issue a certificate allowing you to proceed to court if needed.

• Mediation is a voluntary process, so one party cannot be forced to attend.
• However, courts expect couples to consider mediation before applying for a financial order, unless there’s domestic abuse or other valid exemptions.

In case of domestic abuse, learn how a mediator can help you mediate where there has been domestic violence.

Absolutely. Financial mediation is highly flexible.

• Whether you’re dealing with business assets, pensions, or property abroad, sessions can be tailored to your specific situation.
• Trained mediators can adapt discussions to cover topics like spousal maintenance, inheritance concerns, or the family home.

 This flexibility helps ensure both partners feel heard and supported while working toward a fair, practical resolution.

The number of sessions depends on the complexity of your finances and how quickly both parties cooperate.

• On average, 3 to 5 sessions are required for most cases.
• Couples with straightforward finances may resolve matters in fewer meetings.
• More complex arrangements, such as dividing pensions or business assets, may take longer.

Your divorce mediator will guide you through the process at a pace that keeps things moving but still allows time for careful decision-making.

If you can’t reach an agreement, your mediator will summarise what’s been discussed in a Memorandum of Understanding.

• This document can help your family law solicitor when advising you on the next steps.
• You may return for more sessions or apply to court using the progress already made.

Even if complete agreement isn’t reached, mediation usually reduces the number of unresolved issues — saving you time and legal costs later.

Not automatically.

• Agreements reached in mediation are written in a Memorandum of Understanding (MoU).
• You’ll need to take this document to your family law solicitor, who can convert it into a consent order approved by the court.
• Once approved, the agreement becomes legally binding.

This step ensures clarity and protection for both parties regarding property, assets, and financial support.

Yes, financial mediation often includes discussions about ongoing support.

• Mediators help you decide how much child maintenance or spousal maintenance is fair.
• You’ll explore income, living costs, and the children’s needs to reach a balanced outcome.

This approach is faster and more flexible than court proceedings and encourages both parents to take shared responsibility for their children’s future.

Yes, mediation is a confidential and private process.

• What’s said in mediation stays in mediation.
• The only document that may be shared is the Open Financial Statement, which outlines agreed financial information.

This confidentiality helps create a safe, open environment where both parties can negotiate freely without fear that their words will be used against them in court.

You can, although most people attend mediation without their lawyer.

• You may choose to obtain legal advice before or after each session.
• Your solicitor can review any proposed financial settlement or Memorandum of Understanding.

If you prefer, your lawyer can attend sessions — especially useful for complex or high-net-worth cases — though this may increase overall costs.

Yes. Mediation is an excellent way for high-net-worth couples to resolve disputes privately and efficiently.

• It allows full financial disclosure of assets such as investments, properties, and pensions.
• The process remains confidential and can be customised for complex financial portfolios. 

Mediators can help explore options that protect business interests while ensuring fair division and long-term financial stability. To understand more, learn about the role of divorce mediation in high-net-worth situations.