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Divorce Financial Order Explained

 

Getting divorced is stressful, but when you start to look into financial orders your stress levels may go up even more! The reality is that there are many different types of orders for finances. You will need to decide, with the support of legal advice, which would be best for you and your situation.

Here is a list of Financial Orders in divorce cases that are most common:

Consent Order

This is sometimes referred to as a Form A and you may require a mediation certificate. Speak to your mediator about this. This order looks at how your debts (if you have any) and your assets should be split between you and your ex. Trying to work this out by yourselves can be challenging, so many people use a solicitor, a family mediator, or arbitrator. If you can’t agree, then you would make an application to court and a judge will decide on your behalf. This will be based on a full and frank disclosure to the courts. If a decision is made and later it is found that there was not a full disclosure, the judgement would be set aside and it would go back to court before a judge. In consent orders there is a ‘clean break’ clause, which means there are no longer any financial ties between you and your ex. Most people apply for this order when the decree nisi has been issued.

Clean Break Order

This has been covered above, but what happens if you don’t have any marital assets? Well, you can still ask for a Clean Break Order from the courts, so that no future claims can be made, such as one party winning the lottery.

Pension Sharing Order

Pensions can be very complicated to deal with and you will hear lawyers and mediators talking about CETVs (Cash Equivalent Transfer Value). This is a document which basically tells you what your pension is worth. You need this before you can start talking about pensions and making orders. You can ask the court to make an order to split pensions, as you may feel that you may be entitled to part of your ex’s pension. When preparing for this order, lots of elements need to be taken into consideration, such as your age, the value of the pension, length of married, individual needs and possible employment in the future.

Property Adjustment Order

Knowing how to deal with the family home can be one of the biggest questions for separating couples, also it is one of the more complicated areas of law. There are lots of questions to be asked such as whose name is the house in, who is on the mortgage, who is living in the house, are there any children etc. There are many actions that the court can take including a Mesher Order, which allows for the sale of the house to be deferred until a specific event happens, such as children reaching adulthood, a new partner moving into the house etc.

Maintenance Order

This is the most well-known order and it is sometimes called ‘spousal maintenance’. Not everyone is entitled to spousal maintenance and it depends on many things, such as how long the marriage was, the earnings of each party, the needs of individuals etc. Maintenance orders for children can also applicable.

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Award winning mediator, Stuart Hanson FMCA (Managing Partner) and his team of over 80 accredited family mediators across England and Wales are committed to delivering a high-quality service that meets your needs for both private and Legal Aid clients. We offer online MIAMs throughout the week during regular office hours. Appointments on an evening or at weekends are also available, but for private clients. In-person MIAMs are also available by appointment at one of our 230+ locations.

Your Mediation Services

The first stage in family mediation is the MIAM. This is the first meeting that you have with a mediator. The four letter stands for Mediation Information & Assessment Meeting. It is important to note that your former partner does not attend this meeting with you. This meeting can be done using Skype, FaceTime, or WhatsApp, which is easy to do, even if you are not a techie person! In this first meeting, you will have the opportunity to find out from a qualified family mediator how mediation works and the potential benefits. The mediator will also make an assessment as to whether mediation is appropriate for your personal situation. If mediation is not an option, the mediator is able to sign the appropriate court forms.

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Your MIAM within office hours - £120

We promise our clients an online MIAM appointment within three days of booking, but most of the time it is sooner. This could be during your lunch hour, or before picking the kids up from school. Let us know and we will do our best to give you a time that fits in with your life. If you would like to book a face-to-face appointment, please let our staff know.

Online MIAM at any time or within an hour - £180

We understand that sometimes only the MIAM certificate is needed to complete a court application form and that is why we offer the 1-hour express service. You can be in your lawyer’s office, at work or at home and we can deliver your MIAM online to you. Immediately after the MIAM we will email your certificate, so you can make that court application.

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£675

AVERAGE COST PER PERSON FOR MEDIATION

£2823

AVERAGE COST PER PERSON TO GO TO COURT

£2148

AVERAGE SAVING PER PERSON

© 2019 Direct Mediation Services | All Rights Reserved. | Contact Us

£675

AVERAGE COST PER PERSON FOR MEDIATION

£2823

AVERAGE COST PER PERSON TO GO TO COURT

£2148

AVERAGE SAVING PER PERSON

© 2020 Direct Mediation Services | All Rights Reserved. | Contact Us