Legal Services to Compliment the Mediation Process

Additional Information

This page contains additional infomation and links to websites and services which we feel may be useful during the Divorce Process.

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Mediation Services

Mediation Services help couples come to a mutual agreement outside of a court setting, and will provide a couple with an Open Financial Summary and a signed Memorandum of Understanding, which can be taken forwards and used in making an application to the court for a Financial Remedy Consent Order

Resolution

Resolution’s 6,500 members are family lawyers and other professionals committed to the constructive resolution of family disputes. Members follow a Code of Practice that promotes a non-confrontational approach to family problems. Members encourage solutions that consider the needs of the whole family - and in particular the best interests of children. Caroline Saunders, the founder of ILS, has been a member of Resolution since the 1980's when it was known as the Solicitors Family Law Association.
www.resolution.org.uk


Facilitate Family Mediation

Facilitate- first for Family Mediation is headed by Nevine Bentley; a Resolution trained mediator and family lawyer. She is also a member of Resolution.
You can watch Nevine's interview with the Divorce Magazine where she discusses Family Mediation and why it is a great alternative to the divorce process - click here.
www.facilitatefamilymediation.com


Family Mediation Council

The Family Mediation Council (FMC) is made up of national family mediation organisations in England and Wales. All of the organisations meet the requirements set out in our constitution and ensure their family mediators work to agreed standards.
familymediationcouncil.org.uk

The member organisations are:


Counselling Directory

A list of recognised counsellors and psychotherapists
www.counsellingdirectory.org.uk

Official Websites

Gov.UK

The best place to find court forms and information
www.gov.uk


Money Advice Service

A government-run website offering free and impartial financial advice
www.moneyadviceservice.org.uk/en


 

Documentation

 

Open Financial Summary (OFS)

This document sets out full details of both partner's financial situations. Information from this document is used in filling out Form D81, and also considered as part of producing a Memorandum of Understanding and ultimately a Financial Remedy Consent Order.

 

Memorandum of Understanding (MOU)

Also known as a Letter of intent. Often created during the mediation process, this is a document which sets out the main terms of the agreement between yourself and your spouse, as well as your intention to make a binding legal contract based on these terms. The Memorandum of Understanding is not itself a formal contract, but the points contained within it are used to draft a Financial Remedy Consent Order

 

Financial Remedy Consent Order (FRCO)

This order is made by the court to formalise the agreement reached between yourself and your spouse. To make this order, a draft must be submitted to the court, along with all other supporting information such as Form D81. A draft FRCO takes the essential parts of the agreement (eg the MOU) reached between yourself and your spouse, and translates this into the specific legal wording and format required by the court. The judge will then consider this draft agreement and supporting information and decide whether this agreement seems fair and workable. If the judge does not believe that the agreement is fair / workable for both parties, they will not make this into an order, and will not refund the court fee you have paid. Correct completion of draft order requires specialist legal knowlege and experience, as the court will reject the order if it has been incorrectly prepared. ILS provides a service to draft this order, ensuring it is in the correct form, includes all the required information, and to advise you if any aspect of your agreement is likely to be unacceptable to the court.

 

Statement of Information for FRCO (Form D81)

This form is mandatory and provides a summary of your personal and financial circumstances. As well as providing details for each party individually, this form is used to make sure that you are both fully aware of each other's circumstances. To demonstrate this, you must both sign each others forms, or complete a joint form.
The court uses the information in this form to decide whether your agreement (FRCO) seems fair and practical for both parties. If on the basis of this information the judge considers that this is not the case, your FRCO application will not be approved. For this reason, it is very important that this form is filled out correctly and accurately - we provide a service which can take care of this form on your behalf.

 

Clean Break Order

This is a form of Financial Remedy Consent Order (see above), but which cuts all financial ties between a couple.

 

Other Links

The Divorce Magazine

The online Divorce Magazine covers a large number of topics such as coping and dealing with divorce, children and the effects of divorce, family mediation, finance, law, and many other key topics.
www.thedivorcemagazine.co.uk