Capitol Family Mediation Merton

Resolving financial matters is a key part of ending a marriage or civil partnership. The mediator, who is always impartial and registered with the Family Mediation Council (FMC), guides the couple through a process of full disclosure and negotiation.

1. Initial Assessment (MIAM) – Mandatory Start: The process begins with a Mediation Information and Assessment Meeting (MIAM). This session assesses whether mediation is suitable for the case and whether either party is eligible for Legal Aid or the Family Mediation Voucher Scheme (which can provide up to £500 towards costs).

2. Financial Disclosure – Transparency is Key: The most crucial stage is the exchange of accurate and comprehensive financial information. Both parties must provide full disclosure of all assets, liabilities, income, and expenditure.

Documentation: Typical documents required include bank statements, pension statements (e.g., a CETV – Cash Equivalent Transfer Value), valuations of any property (including the family home in Merton), pay slips, and evidence of debts.

3. Negotiation and Reality Testing – Options Exploration: In joint sessions, the mediator helps the parties identify their needs (especially the need for housing and income) and explore different options for dividing the financial pool. While the mediator cannot give legal advice, they can provide neutral legal information to help “reality test” proposals against what a Family Court Judge might order, ensuring that any agreement is fair and sustainable.

Mediation covers the division of:
The family home and other properties.
Savings, investments, and business interests.
Pensions (often the most complex asset).
Joint and individual debts.
Spousal maintenance and child maintenance.

4. Final Documentation – If an agreement is reached, the mediator prepares two key documents:

Open Financial Statement (OFS): This is a summary of the financial disclosure provided by both parties. It is a factual summary, not confidential.
Memorandum of Understanding (MOU): This document sets out the terms of the agreement reached in mediation.
The MOU is not legally binding on its own. Both parties must take the MOU to their respective solicitors, who will draft a Consent Order (a formal, legally binding document) to be approved by the Family Court.