ELBA Family Mediation
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About marital agreements
When people plan to marry, or even after they have married, they sometimes wish to have some discussions about what would happen if their lives diverge in the future.
Mediation can assist the couple to consider their assets & incomes, possible inheritances, shared goals and provision for any children. Mediation is a three-way process, where the mediator helps gather the facts (especially the financial ones) and facilitates a discussion between the parties of terms they both agree on.
Mediators are trained to act impartially and neutrally, and will ensure there is a level playing field. It therefore does not matter if one spouse already has greater assets or income or stronger views. All needs and interests can be shared and discussed.
The agreement will be written up by the Mediator into a Memorandum of Understanding (MOU). This MOU should then be reviewed by a family lawyer.
These types of agreement are not yet legally binding in England and Wales, but they can be important evidence of intent especially if they are drafted in good time (at least 3 weeks before any wedding, or anytime after a wedding), considered reasonable, on the basis of full financial disclosure and legal advice was sought.
If It should become necessary, the MOU may also be one of many factors to consider if the couple come back to mediation during or after their marriage for some support in reaching decisions.
The first step is for you to come individually, or where you prefer, as a couple, to an Information & Assessment Meeting. These last around an hour and can be held in person or by zoom.
Mediation can assist the couple to consider their assets & incomes, possible inheritances, shared goals and provision for any children. Mediation is a three-way process, where the mediator helps gather the facts (especially the financial ones) and facilitates a discussion between the parties of terms they both agree on.
Mediators are trained to act impartially and neutrally, and will ensure there is a level playing field. It therefore does not matter if one spouse already has greater assets or income or stronger views. All needs and interests can be shared and discussed.
The agreement will be written up by the Mediator into a Memorandum of Understanding (MOU). This MOU should then be reviewed by a family lawyer.
These types of agreement are not yet legally binding in England and Wales, but they can be important evidence of intent especially if they are drafted in good time (at least 3 weeks before any wedding, or anytime after a wedding), considered reasonable, on the basis of full financial disclosure and legal advice was sought.
If It should become necessary, the MOU may also be one of many factors to consider if the couple come back to mediation during or after their marriage for some support in reaching decisions.
The first step is for you to come individually, or where you prefer, as a couple, to an Information & Assessment Meeting. These last around an hour and can be held in person or by zoom.
Coming to mediation for marital agreements enables people to feel any final agreement reflects both their needs and interests. It is a positive step towards a strong and lifetime marriage, and a support if sadly things break down.
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© 2021 ELBA MEDIATION | Design by Bright Blue C Graphic Design Studio | IMAGE CREDITS