What Does Financial Settlement Mediation Include?
When going through a divorce or separation, it can be difficult to arrange what happens to the family home, savings, pensions, income and even debt.
Family Mediation covers almost every financial situation which can arise in a family setting, often as a result of a separation.
What can you expect to discuss during Financial Settlement Mediation?
Property
This may involve mortgages or pension provision. The type of mortgage is important, as there may penalty provisions on redemption, costs of transfer, and other issues which make a huge difference to options available when considering division.
Pensions
There are many different types of pension schemes and the way in which they are valued differs, as does when you can access them, and in what format.
Pensions over a certain value benefit from actuarial reports being provided and is recommended. Often options such as pension sharing or offsetting are discussed at greater length. A financial Neutral can often save parties time and money whilst helping the parties reach closure quickly and economically.
Income
Is one party self-employed, a Company Director taking wages and dividends, an employee, or a sole trader?
Income and how it is received makes a huge difference, often families are not aware of the implications.
Debt issues
Debt can be paid off or it can be serviced (paid on a monthly basis until it is paid back). How debt has arisen is often a point of discussion.
Mediation on family finances often involves how credit cards have been used, consolidating loans, arrears and mortgages, informal loans also from family and friends, advances on inheritance can also feature in discussions. Mediation meetings can help revisit and explain how parties reached their current predicament.
Contents of homes or personal property
How are contents and personal belongings to be shared and who takes priority if any priority is to be given?
Should there be an allowance to the other party in monetary terms? If so how is that calculated? Options here are extensive.
These issues are important because they are personal, and that’s what often makes them sensitive areas. Sadly when these matters become locked and contentious, the cost of arguing over them often exceeds their real value. Mediators help to diffuse and support reality checks to avoid these pitfalls.
Family Business
Businesses involving the couple themselves, either of their families, or even extended family are areas where matters such as Employment Law may will feature in discussions.
The role of the mediator is to ensure both parties understand their financial circumstances, including addressing legal, logistical and identifying taxation issues to ensure proposals in a settlement.
The process can include Financial Neutrals. They are experts in their own field and work within a Mediation process to help both parties, equally understand options and help them make decisions for the family which work for them.
Mediations which are successful
The involvement of experienced and supportive family lawyers is often an element to many successes.
In the majority of cases there will be certain questions which either one or both parties will need to take legal advice upon.
Mediators work in parallel with Legal Advisers who are encouraged by the Mediator to provide ongoing legal advice and support throughout the several Mediation meetings to ensure the outcome is acceptable to the parties. To be acceptable, an outcome is one which both parties understand and will practically provide their income, housing, future needs and also a settlement which the Court can approve.
How we can help
Our specially trained team of Family Mediators are able to provide impartial support during what may be a difficult and distressing time.
The level of help you would like from us is entirely up to you. Our team members all have experience of helping people at difficult times in their lives and we are committed to delivering to you a professional and confidential service.
Location
Our specially trained mediators are able to provide impartial support across the country, using remote platforms.
In addition we have a network of offices based in: Chesterfield, Nottingham, Mansfield and Derby.
How to make contact
Our team are on hand to help you and can assist wherever you are based. Please call us for a no-obligation, initial discussion or email enquiries@midlandsdove.co.uk and we will call or email you back.
- Chesterfield: 01246 386322
- Derby: 01332 973800
- Mansfield: 01623 706020
- Nottingham: 0115 8384777
Funding of Family Mediation is on either a Private basis, Family Mediation Council (FMC) Voucher Scheme, or Publicly Funded through the Legal Aid Agency (LAA).* Please be aware that the LAA and FMC is subject to availability and eligibility .
