Why is mediation necessary if both parties agree to the separation? | LawHive - Solicitors & Lawyers Online
Why is mediation necessary if both parties agree to the separation?
Hello, I'm looking for some advice regarding a "Clean break order". I'm using a divorce service which I've paid for a clean break order, so they'll draft it up and get their solicitor to sign etc. I have a whole list of questions but the service I'm using are so terrible and unhelpful! I've recieved my forms saying I've got my degree nisi date. I can now go ahead with my clean break order. Apparently I need: 3 draft consent orders (both parties to read and sign all 3) 2x D81 (1 each both signed by both parties) Form A x1 that we fill in together. One of my many questions are why do we need mediation as stated in the form A? We both fully agree to our separation. We both agree to not "go after" each others possessions/savings/pensions etc so why do we need mediation? We're working together for a straightforward split and are amicable. Unless I'm just too stupid to understand what's needed next! This is the hardest part of the process! If anyone can shed some light I'd be grateful.

Dorothy Jones

20th March 2022

Top Answer
NQ: you need the form A but you don't need to do mediation ( it says that on page 7) ..that's just if applying for full contested financial route through court. Form.A is kind of a dual purpose, so just tick the sections that apply to you doing an order by consent. You are applying for a consent order so tick the section that says that on page 2 of the form A.

Thomas Jaskolski

20th March 2022

1 upvote

Solicitor. Applications for consent orders, such as yours, are now lodged online through the portal. You do not need copies nor a Form A. The signed consent order and D81 plus the court fee are all you need. Be warned, Judges do scrutinise the D81 forms carefully and, in the light of what you are seeking in the consent order, the Judge may defer making it and ask for further clarification from the parties especially if in the light of pensions the settlement looks unfair to either party. The D81 therefore is an important documents - a snapshot of the parties finances as the Judge cannot make the order you seek in a financial vacuum and this includes ALL assets, savings, pensions, debts and incomes. My advice is do not go cheap on having these orders prepared and submitted as it could only cause more cost and delay in the long run.

Susanna Ruiz

20th March 2022

1 upvote

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