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Mediation vs going to court

Mon 14 Nov 2016

Q. My husband and I are divorcing – he wants to move back to Spain but still wants joint custody of our child. Can we come to an agreement during a mediation or do I need to go to court?

Court is only ever the last resort for people who cannot reach an agreement or decide on an arrangement that works for them. If you and your husband can agree the arrangements for your son or daughter through mediation then your proposed arrangements can be put into a Memorandum of Understanding by the mediator setting out the arrangements for you to move forward. You can then discuss the arrangements with your respective solicitors who can convert the Memorandum of Understanding into a consent order for the court to approve if there are proceedings in play or if you would both be more content with a court order setting out the arrangements for the future.       

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