Financial Agreement Mediation:
How To Resolve Finances After Separation Without Court
One of the biggest concerns after separating is how finances will be divided between you.
Financial agreement mediation helps separating couples reach a practical, balanced
decision about money, property, pensions, debts, and
future financial security without
the stress, delay, and cost of court proceedings.
We help with:
Family • Workplace • Commercial • Probate • Property • Community
How Financial Agreement Mediation Helps
Whether you were married, in a civil partnership, or living together unmarried, mediation can help you move forward with clarity and confidence. Instead of leaving decisions to solicitors or a judge, you remain in control of the outcome.
Our accredited mediators support families across the UK through secure online sessions and fast response times.
We help with:
✔ Divorce Financial Settlements
✔ Unmarried Separation Finances
✔ Property & Housing Disputes
✔ Pension Division Discussions
✔ Debt & Liability Agreements
✔ Child & Spousal Maintenance
What Is Financial Agreement Mediation?
Financial mediation is a structured process where separating couples work with a mediator to resolve money and property matters after a relationship breakdown. It can be held separately or in combination with child-arrangements mediation .
The mediator does not take sides or impose decisions. Their role is to help both people exchange information, explore options, and negotiate a fair agreement, if one is reachable, in an “I’m OK, you’re OK” approach.
This can include:
The Family Home
Deciding whether to sell the property, transfer ownership, buy the other party’s share, or delay any sale until a future date.
Savings & Investments
Discussing how to divide bank accounts, ISAs, shares, savings, or other investments.
Pensions
Pensions are often one of the most valuable assets in a long relationship and often get overlooked. Mediation can help you to discuss and agree on any pension sharing, offsetting, or future security needs.
Debts & Liabilities
Resolving responsibility for credit cards, loans, overdrafts, tax liabilities, or other shared debts is just as important as agreeing on assets and can often be offset against them.
Child Maintenance
Agreeing financial support for children beyond minimum CMS arrangements where appropriate.
Spousal Maintenance
Where relevant, discussing whether one partner should financially support the other for a period after separation.
Can Financial Mediation Include Child Arrangements Too?
Yes. Many separating couples need help with both finances and parenting matters. Mediation can often address:
- Financial settlement
- Child maintenance
- Parenting schedules
- Housing arrangements
- Communication boundaries
This joined-up approach can save time, reduce stress, and help families move forward more smoothly.
Could Your Mediation Be Funded?
Some financial cases qualify for Legal Aid funding and, if child-arrangements are also discussed, the Government Family Mediation Voucher Government Family Mediation Voucher . We check everything for you before you commit.
Financial Mediation for Married Couples
Many separating couples don’t realise that dissolving the marriage via a “DIY divorce” application is only half of the process. If proof of financial discussion is not included, your soon-to-be ex could potentially have a claim on your assets, including any inheritances or unexpected windfalls, many years in the future.
If you are divorcing or dissolving a civil partnership, mediation can help resolve all financial matters linked to the end of the legal relationship.
This often includes:
- Family home division
- Pension sharing discussions
- Spousal maintenance
- Savings and investments
- Debt allocation
- Future housing needs
- Clean break agreements where appropriate
Even if no assets are held, mediation provides the necessary proof that the discussion was held and agreement reached, helping to secure your financial future.
Once an agreement is reached, it can usually be converted into a Consent Order alongside your D81 form , making it legally binding once approved by a judge.
If you are not confident to submit the D81 form yourself as part of your divorce, you don’t always need to involve a solicitor as Help 2 Mediate can assist with the application once mediation is complete.
Financial Mediation for Unmarried Couples
Unmarried couples do not have the same legal rights as married couples, even after many years together.
If you were cohabiting and have now separated, mediation can still help to resolve the practical financial disputes involving:
- Jointly owned property
- Contributions to a home
- Shared debts
- Child-related expenses
- Savings held jointly
- Ownership of possessions or vehicles
- Housing arrangements after separation
Trusts of Land and Appointment of Trustees Act (TOLATA) claims
A TOLATA claim may arise where former partners disagree about ownership shares, contributions to mortgage payments, deposits, renovations, or whether a property should be sold. Through TOLATA mediation for unmarried couples, separating partners can often resolve these issues without the cost and stress of court proceedings. We provide a practical way to discuss property rights, negotiate buyouts or sale arrangements, and reach fair outcomes faster.
Where property rights are disputed, mediation may help avoid costly solicitor and court fees and can support discussions involving TOLATA or negotiated settlements.
The Financial Mediation Process
1. MIAM Appointment
Both parties normally attend a Mediation Information and Assessment Meeting (MIAM) individually. This confidential one-to-one meeting helps assess suitability and explain the process.
2. First Joint Session
If both parties agree to proceed, a joint mediation session is arranged. This can be online, in person, or via shuttle mediation where parties remain in separate (virtual) rooms.
If child-arrangements discussions form an essential element of the mediation, these can be held separately or before the mediator moves onto asking for the financial disclosure.
3. Financial Disclosure
Similar to completing a Form E with a solicitor, both parties provide full and open financial information so discussions are based on accurate fact
This may include:
- Income
- Property values
- Mortgage balances
- Savings
- Debts
- Pension values
- Business interests
Information is recorded by the mediator, usually within your meeting itself, or you may be asked to provide it beforehand.
Crucially, unlike solicitors, mediators do not usually arrange for the exchange of documentary evidence that accompanies the disclosure information. This is left to clients to arrange themselves.
4. Negotiation & Option Building
The mediator helps both parties explore practical settlement options and identify common ground.
5. Recording the Agreement
Agreements are normally summarised in a Memorandum of Understanding and, where relevant, an Open Financial Statement.
These documents can then be used to complete the Consent Order and D81 or a Settlement Agreement.
Need to Speak to Someone Today?
If you need help with divorce finances, cohabitation disputes, property issues, or a fair separation agreement, our team is ready to help.
What Paperwork Will I Receive?
Memorandum of Understanding (MOU)
A written summary of proposals reached during mediation.
Open Financial Statement
A summary of the financial disclosure provided during the process.
Consent Order Support
For married couples, agreements can often be used as the basis for a court-approved Consent Order.
Settlement Agreement
Similar to the MOU above but specifically for use in unmarried mediation.
MIAM Certificate
If mediation is not suitable or does not succeed, you may request a MIAM Certificate to allow progression to court where the matter will be settled by a judge.
Ready to Start Financial Agreement Mediation?
Get clear guidance, understand your options, and work toward a fair financial settlement without unnecessary conflict. Many clients pay nothing at all through available funding support.