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Reaching financial proposals in mediation does not by itself create a binding financial court order.
If you want the settlement to become legally binding, there is usually a further legal stage after mediation. The mediation documents are the bridge into it.
What you leave mediation with
In a financial case we may prepare two documents: an Open Financial Statement recording the open financial information, and a Memorandum of Understanding recording the proposals you reached.
They have different purposes, and neither of them is a financial court order.
Take independent legal advice
Each person should have the opportunity to obtain their own legal advice.
The mediator stays impartial and cannot tell one of you that a particular settlement is personally good or bad for you. That is precisely what a solicitor is for. They can advise on the legal effect of the proposals, and on any drafting needed before a consent order is submitted.
Turning the proposals into a consent order
A solicitor or other suitably qualified legal professional usually prepares the draft financial consent order from the proposals you reached, though you can draft and lodge it yourselves using the Memorandum and form D81 if you are confident doing so.
The court also requires financial information when it considers a consent application. Form D81 is the current statement of information used to help the court understand each person’s financial position and the proposed arrangements.
Where a pension sharing or attachment order is proposed, additional pension documentation and procedural requirements apply.
Does the court automatically approve it?
No.
The fact that both of you agree does not remove the court’s role. The proposed order and the supporting information go to a judge, who can approve it or raise questions where something needs clarifying.
How long does approval take?
We do not give a figure, and you should be careful of anybody who does. Processing times vary between cases and between courts, and they change.
If you need a current estimate, ask the legal professional handling the application, or HM Courts and Tribunals Service.
Where our role ends
Our mediation role will normally conclude once the mediation has finished and the agreed mediation documents have been prepared.
Drafting and submitting a consent order is a legal process, and it sits outside the mediator’s neutral role.
Sources and further reading
- GOV.UK – Form D81, statement of information for a consent order
- Practice Direction 9A – financial remedies and consent orders
- GOV.UK – financial remedy forms
This page is general information about family mediation. It is not legal advice about your own situation.