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Family Mediation Matters

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Glossary

The answers you need

 

CETV

Cash equivalent transfer value - the specific valuation for a pension usually provided as part of the financial disclosure process.

Charge, on property

A commonly used mechanism in divorce or separation where one party agrees to leave their equity in the former marital/family home and they register a charge at the Land Registry. Can be expressed as a percentage - preferred - or sum with an interest calculator. Trigger factors determine when the charge is repaid.

Child maintenance

The payment from one spouse to the other for the benefit of the children. This is a statutory requirement, calculated on a variety of figures. Usually, in mediation, you would agree a family-based arrangement (voluntary agreement).

Child Maintenance Service

The body that oversees the provision of child maintenance when two people cannot agree a family-based arrangement between themselves.

Clean break

When divorcing, you want to try to achieve a clean break as this prevents either party ever being able to claim off the other ever again. But, in some circumstances, a clean break is not possible because of the links left betwen you on divorce.

Consent Order

This is the order granted by a court when you are divorcing and it enshrines your financial settlement in law, making your settlement legally binding. Ideally, you would achieve a clean break consent order.

C79 - Application related to enforcement of a child arrangement order

To be used where there is an existing child arrangement order but it is not being followed.

C1A - Allegations of harm and domestic violence

This is a supplemental form that records details of domestic violence in support of an application for a court order.

Decree Nisi

The court has accepted your petition for divorce and this is the first formal stage of your divorce. Following the award of the Decree Nisi, you have a mandatory cooling off period of six weeks and one day before you can apply for the Decree Absolute.

Deed of Trust

A legal document drawn up by a solicitor that ensures particular wishes can be enforced in court at a later date.

D81 - Statement of Information for a Consent Order in relation to a financial remedy

The form upon which you disclose to the court your current, ie prior to divorce, financial situation. You will sign a statement of truth, promising the court that your disclosure has been open, honest and full.

Equity

Typically, this would relate to a property once the mortgage and any other costs or charge had been deducted from the value - it is the money that will be left.

Financial disclosure

The process you must undertake when trying to resolve finance matters in mediation. There must be an open disclosure of all finance: income, expenditure, assets and liabilities. Even where you do not see an asset as being 'of the marriage', it must be disclosed and then discussed in mediation.

FM1

Only to be used for particular orders, and in conjunction with form C1 or C2

Form A - Notice of [intention to proceed with] a financial application to which the standard procedure applies.

The form used where you are asking the court to make a financial order as you are unable to agree - a MIAM is required prior to this form being submitted to court

Form A1 - Notice of [intention to proceed with] a financial application to which the fast-track procedure applies.

As per Form A, but you are request an urgent hearing of the court.

Form E - Financial statement

The form used by solicitors, when asking their clients to complete their financial disclosure. It is worth noting that solicitors and mediators can use different methods of disclosure (as in different forms). However, if either client requests Forms E are used in mediation, then both parties must complete Forms E.

Grounds for divorce

When you make a divorce application to the court, you must give a reason for wanting a divorce. You would need to identify one of five reasons:

  • Adultery

  • Desertion

  • Unreasonable behaviour (5 examples)

  • Separated for 2 years and you both agree to a divorce

  • Separate for 5 years (and one can divorce the other)

Joint mediation

Describes the process of mediation where both parties are in the same room at the same time with the mediator.

Memorandum of Understanding 

Once discussions in mediation are complete, this is the document drafted by the mediator that describes the agreement that you have reached in detail. It is legally privileged, without prejudice and confidential.

Mesher Order

A court order governing an agreement on property. used where the person remaining in the property cannot take on the mortgage in their own name and so the mortgage and deeds must remain in joint names. Trigger factors determine when the Order will cease.

MIAM

Mediation Information and Assessment Meeting - sometimes called the initial meeting. This is usually the first meeting you will have with a mediator, on a one-to-one basis. 

Open financial statement

If you are using mediation to determine financial matters you will need to go through a full financial disclosure. This document is the summary of that disclosure and is termed 'open' as it is admissable in court.

Parenting plan

A document, which can be drafted by a mediator, that records formally the parenting arrangements you have agreed in mediation. It is not legally binding.

Property deeds

These signify who owns the property. Typically held as either a Joint Tenancy or Tenants in Common.

Separation agreement

This is an agreement drawn up by a solicitor, signed by both parties and witnessed. It can be for a married couple who have separated and are not ready to divorce; or for a cohabiting couple to cover their separation. The agreement is not legally binding, but could be legally enforceable - if one party fails to follow the agreement the other party must ask a court to enforce the agreement.

Shuttle mediation

Describes the process where the parties are in separate rooms, in the same building, and the mediator shuttles between the two rooms to conduct the mnediation.