consent order
Going through a divorce, or separation, is one of the most stressful activities that you can possibly undertake. MIAMS Kirkby is able to offer dispute resolution.
Going through a divorce, or separation, is one of the most stressful activities that you can possibly undertake. MIAMS Kirkby is able to offer dispute resolution.
When you are considering a divorce it is most important to protect your assets, both now and in the future. You will want to secure the best life possible for yourself, for your children, and make sure that your partner has some financial security. The way in which this is achieved is through a consent order.
This legal document gives you the protection you need, both now and in the future, to make sure that your assets remain under your control. At MIAMS Family Mediation Kirkby we have the experience you need to draw up a consent order. Our mediation service can also be of great utility in helping you to achieve an appropriate agreement.
It is very important to consider what might happen to your house, other property, and financial assets after a divorce. Even if you have been paying the full mortgage in your own name there are many factors that determine the allocation of resources. A consent order is central to understanding this complex process.
An agreement about how property and assets are to be divided, on maintenance, or on division of pensions, once it is agreed by the court is known as a consent order. The cost of a consent order is minimal, but the costs required in producing a consent order are much greater. You need the correct type of legal advice to produce a consent order and you should always make sure that the legal company you are approaching to produce such an order has the authority to do so.
There two possibilities concerning what might happen to your assets. The first is that you can actually agree between you how these assets might be shared. This agreement is forwarded to the court and a judge will then need to approve it. The second is that you can’t come to an agreement and therefore a judge needs to declare what is equitable. In this process, MIAMS Kirkby is central as it helps you to arrive at a considered agreement.
Sometimes a divorcing partner will not agree to sign a consent order. In this case you will require further legal advice to enforce an order. In this case, we can advise on the action you can take. MIAMS Mediation Kirkby can help if a particular partner is stubborn.
General information about Mediation, Please click the links below to find out more info:
Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the supportof a mediator who will hold a Mediation Information Assessment Meeting or MIAM. A MIAM can guide communication and set the tone for the goals of mediation.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms either virtually or physically and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
MIAMS Kirkby Mediators can also help with will disputes: resolving issues between and coming to an acceptable compromise to the conflict that arises as a result of separation.