My wife and I have recently split up and we have been going to mediation sessions.

My wife and I have recently split up and we have been going to mediation sessions. We have reached a financial agreement in mediation. The mediator says that she will prepare a Memorandum of Understanding but that the Memorandum of Understanding is not a financial court order. I do not understand what I need to do to get a financial court order.

Public Answer

Thank you for your enquiry. We are pleased to hear that you have reached a financial agreement in family mediation.

The mediator is right when she says that a Memorandum of Understanding is not a family court financial order. The Memorandum of Understanding is a document that is prepared by a mediator to record the agreement you discussed in mediation. The Memorandum of Understanding is not a binding legal agreement. You therefore need to convert the Memorandum of Understanding into a financial court order and ask a family court judge to approve the financial court order.

Unlike the Memorandum of Understanding, a financial court order is a legally binding document. That is why it is so important that a financial court order is obtained to give both you and your wife financial security.

If a financial agreement has been reached you and your spouse should not need to attend a court hearing in order to secure the financial court order. A family solicitor can draw up the paperwork for you.

To discuss your situation and the obtaining of a financial court order we would need to see you. We can give you family law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

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