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Mediation - still need a consent order?

(3 Posts)
weeoclock Wed 05-Aug-15 20:51:12

I have posted this here and in the legal thread hoping to find someone who may know the answer.
Me and my stbxh are going through mediation. She has said that the agreement we come to can go to court for approval whilst decree absolute being read and that we would not need a consent order.
Is this correct? If we worded it that way could we have a clean break settlement so neither of us could make any future claims? It is such a minefield, thanks in advance for your help

Minime85 Wed 05-Aug-15 21:51:42

Won't that be your consent order though? We didn't do mediation as agreed on what we wanted. Did our own consent order and sent it to court. I think you have to have some legally binding agreement to separate finances completely

RedDaisyRed Wed 05-Aug-15 22:19:06

The agreement you reach on finances at the mediation shouild be written up by the lawyers into a Consent Order and sent to the court to be stamped (as long as the judge approves it). There is no need for hearings. In fact we agreed terms without even mediation just by agreement between us, the lawyers drew up the consent order and the judge sealed it and we had a clean break in it.

If you do not have it sealedb y the court then it is very unlikely to be a final agreement that cannot be changed however so do ensure it is drawn up into a consent order and sealed by the court.

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