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Mediation - still need consent order?

(4 Posts)
weeoclock Wed 05-Aug-15 20:49:45

I have posted this here and in the divorce 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 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

prh47bridge Wed 05-Aug-15 22:33:25

She is correct that once you reach agreement you need to get it turned into a consent order. If it is correctly worded that will ensure that neither of you can come back for more later.

Fuckitfay Thu 06-Aug-15 08:23:27

A consent order is sent to the court for approval and then becomes a court order so I think you may be confused about something from your post.
You absolutely must have a court order recording what was agreed at mediation or either one of you could make further claims at any time, including after the decree absolute unless remarried.
You really should pay a solicitor to draft, it's not something you can do yourself and the agreement the mediator produces is not in the correct legal wording to dismiss all other claims or be approved by the court. I tell clients all the time when they can do things themselves to save money and I'm afraid a consent order really isn't one of them.

prh47bridge Thu 06-Aug-15 08:42:26

Sorry, I misread the original post. The agreement can form the basis of a consent order. It does not replace a consent order. I agree with Fuckitfay that you need to get the order drafted by a solicitor.

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