When couples decide to divorce or separate, emotions often run high, and there are lots of difficult decisions that need to be made, such as how to split your finances, who gets to stay in the house and, importantly, how you will each spend time with your children. Reaching an agreement on these issues can feel overwhelming, but family mediation can help you to turn your arguments into agreements, help you make decisions for the future and enable you to move on with your lives.
In mediation, one of the key documents you will hear about is the Memorandum of Understanding (MoU).
What is a Memorandum of Understanding (MoU) in Mediation?
A Memorandum of Understanding (MoU) is a document that captures the agreements you make in mediation. Whether that’s decisions on living arrangements for your children, or how you are going to divide your financial assets, or any other agreements you need to make, the MoU outlines all these decisions in a clear, written format. It’s essentially a summary of what you and your ex-partner have agreed upon.
The Purpose of an MoU in Family Mediation
The MoU serves several purposes :
Gives you clarity
Having all the agreements you have made in one document ensures you both fully understand what you have agreed and provides a clear reference point to refer to.
Reduces any misunderstandings
Having the agreements in writing helps to reduce the chance of any future misunderstandings or miscommunication.
Helps lay the groundwork
Although the MoU (Memorandum of Understanding) isn’t a legally binding document, it can be used by a solicitor to record the terms of the MOU in a legally binding agreement, like a Consent Order which can then be submitted to court.
In Family Mediation, you and your ex-partner control the decisions, whereas if you are unable to agree and go to court, a judge will make decisions on your behalf. Therefore, many more people are using mediation to help them reach an agreement and maintain control over the decisions that affect their lives. The MoU will document these decisions and can give both of you peace of mind, knowing that the agreements you’ve reached are documented.
Is an MoU in Family Mediation Legally Binding?
While an MoU is not legally binding, with just a few additional steps it can become so. The terms outlined in the MoU can be used by a solicitor to create a consent order, a legally binding document, which can be submitted to the court for approval. At National Family Mediation, we offer fixed-cost legal advice through NFM LegalEyes. Using NFM LegalEyes prevents legal fees from spiralling out of control, keeps the process smooth and cooperative and allows you to formalise the agreements you have made.
Why Does the MoU Matter?
Whilst the MoU may not initially be legally binding, it holds significant value as a commitment between you and your ex-partner. By having your agreements documented, both parties are more likely to follow through with these commitments and reduce the likelihood of disputes down the road. It can give you a sense of closure and certainty, knowing that you have addressed the key issues and agreed upon a way forward that suits your family’s unique situation.
The key fact about a Memorandum of Understanding (MoU)
The Memorandum of Understanding (MoU) is a crucial tool in family mediation, helping divorcing or separating couples to document the important decisions they have made and, whilst not immediately binding, it is the first step towards creating legally binding agreements.
Get in touch today to book an appointment with a family mediator, or learn more about family mediation. For more information about professional standards in family mediation, visit the Family Mediation Council.