Another question we often get is: “Do I need a Court document to rubber-stamp any agreement I reach with my partner?”
If a financial agreement is reached between a couple, either with or without mediation, then normally that agreement is prepared as a draft Court Order by a solicitor (and not the mediator). Once the draft Order has had approval from both partners (and their legal representation, if any), it is sent to the Court along with a document which sets out the separating couple’s income, assets and any other relevant information.
A Judge then looks at the draft Court Order and the information and considers whether to make the draft into a proper Order.
Usually the draft Order is approved by the Judge, although sometimes the Judge will have queries which need to be answered. Once the Judge approved the draft order, it will be become an actual Court Order, which means that it is legally binding.
This article was written by Jeff Garland, a specialist solicitor in Divorce and Child Law. If you have any questions or need more help, please don’t hesitate to give Jeff a call or drop him an e-mail using the details below.
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