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Do we need to have solicitors?

It may be necessary for each of you to consult a solicitor before, during or at the end of mediation, particularly if your discussions relate to finance and property.

Initially it is important that you have an idea of what legal claims you are entitled to make. However, it must be pointed out that in this area of the law there are no clear rules and it is difficult to predict the outcome of litigation. If a court were to make a decision on finances in divorce the judge would rely on statutory and judicial guidelines and on his/her own sense of fairness. If the dispute concerns children the judge will consider their welfare to be paramount.

You may wish to consult your solicitor about any proposals made by your ex-partner before deciding whether they are acceptable to you.

At the end of the mediation you will be advised to take the Statement of Financial Information and the Memorandum of Understanding to your solicitors to obtain their views on it. One of your solicitors will draft a Consent Order if you are going through divorce proceedings. Alternatively you may ask one of your solicitors to draft a binding Separation Agreement.


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