Risks of not making your agreement legally binding
June 8, 2019
At Green Light Mediation we have been slightly concerned to hear some people advised that it is not a good idea to make a financial agreement arranged in mediation legally binding.
Whilst there is evidence to support agreements for children staying out of court, to not work with a proper Family Mediation Council accredited mediator (or at least one working towards this and governed by their standards) can be quite a risk. It leaves both clients open to potentially having a further claim made on their home or pension going forward or not even understanding what the options available to them are and consequently making the wrong choices.
A service that doesn't talk to you about the importance of financial disclosure during divorce or doesn't really understand what your household needs are going forward can be of very little use. You could make these potentially costly mistakes at home. There is only one way to achieve safe closure and that is with a financial order. You don't need to attend court to do this.
Many mediators accredited with the FMC used to be solicitors or barristers and those that are not would be expected to undergo regular legal training and professional development.
Your family finances depend on getting this right for you and most importantly any children of the family. We would suggest that you only shortlist members of a Family Mediation Council body for financial mediation in particular. If a no obligation chat about the process would be helpful either email us on firstname.lastname@example.org or call on 01442 500059.