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Finance and Property Mediation.
Most people think of maintenance payments when couples' split but the areas covered under Finance and Property Mediation are so much more.
Couples must consider all aspects of finance and property such as
- Savings accounts
- Loans
- Mortgage
- Pensions
- Property
- Shares
- The list goes on plus any maintenance and child support that should be paid.
The Process.
The mediator will ask you to details all financial assets and liabilities, income and expenditure; it's often the case that couples even though together have chosen to keep this separate from each other.
You are normally asked to complete the FORM E for this which is a standard form for this purpose, in addition to completing the form you are asked to provide supporting information, some of which you may have to obtain for the financial institution.
You will need to detail whose name the agreements are in and the purpose of the account
Your biggest asset is often the house, and this will form the biggest debate
- Is the house to be sold now or at a later date
- What happens to any increase or decrease in value
- For the person not living in the property will they need to stay on the mortgage, if so you need to understand how this will impact on you obtaining any other mortgage?
- How will the proceeds be divided
- If you are going to sell and move, and have children how ill this impact on them.
The reason this is done is to ensure all parties understand their future financial situation before they make decisions that may compromise themselves in the future.
This will never be an easy discussion but your mediator will help you along the way and ensure the focus remains on obtaining an amicable outcome.
On average the discussions will take up to 4/5 meetings dependant on the complexity of the arrangements.
Once the discussions are finalised the mediator will produce a Memorandum of understanding, which will detail the agreements in the discussions, from this document a solicitor will be able to draw up a binding arrangement.
We would recommend that you seek advice from a solicitor at the start of this process, if you fail to do so and receive it at the end you may have to start over again.
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