posted 6th October 2023
How Mediation Leads to a Financial Consent Order
People often understand that they need a consent order without knowing how one actually comes about. This is the sequence.
1. Initial consultation
A free discussion with each party separately. We explain how the process works, what it involves and what it will cost, before anyone commits to anything.
2. Financial disclosure
Both parties provide full details of what they have: property, savings, pensions, investments, income and debts.
This is the stage people underestimate. Nothing sensible can be agreed until both parties can see the whole picture, and it is common for one to have had far more visibility of the finances than the other.
Where a pension is involved, this is the point to request the valuations, because they take the longest.
3. Identifying what is actually in dispute
Usually less than both parties expect. Most of a settlement is uncontroversial once the figures are on the table, and the disagreement comes down to one or two points.
4. Negotiation
Joint sessions by telephone and video, working through those points until there are terms both parties can accept.
The mediator's job here is to keep the discussion on the issues rather than the history, and to make sure both parties are heard.
5. Drafting the order
Once terms are agreed, and once the Conditional Order of divorce has been issued, the consent order is drawn up.
This is the part most mediators cannot do. We draw up the order ourselves, so there is no need to instruct a solicitor at this stage. Both parties review it before anything is signed.
6. Submission and approval
The order is submitted to the court. A Judge reviews it to check the terms are fair and meet the legal criteria. Once approved it is binding on both parties.
There are no hearings and neither party needs to attend. It is dealt with administratively.
How long it takes
The mediation usually takes a few weeks. The court's own timescale for approving the order is typically two to twelve weeks after submission.
Where a pension is being shared, waiting for the valuation is generally the longest part of the whole process and the least predictable.
Get in touch for a free initial consultation, or read more about what we do.
