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Hello all,
I have an 'arrangement' in place with the ex, which we reached via Mediation. A document called a Memorandum of Understanding came out of this and we have worked to it since. It works well and I'm happy with it.
Is there any way I can get this 'formalised' or made legally binding? I don't want to change it in any way I just want it 'in stone' for my own piece of mind.
Thanks
Hi there
It's great that you were able to reach agreement in Mediation and are happy with the result...and it's working!
An MoU is a confidential document and can only be shown if both parties agree to it. You could apply to court for it to be turned into a Consent Order, which would make it legally binding, but this would have to be agreed by you both.
A word of caution, you are obviously building trust with your ex and she has stuck to the agreement, by requiring it to be made legally binding it might effect this and put your relationship under strain.
The other thing is that if you do apply to the court there's no guarantee the judge will agree to it, if he sees you have both been able to stick to it and are happy with it, he may decide to make a no order. Courts are loathe to interfere if something appears to be working well.
Hi there
I would echo NJ's sentiments exactly. 'If something isn't broke, don't fix it', you might find trying to formalise this could make things between you and the mum become strained.
Also, a court would likely make a no order.
I hope things continue to go to plan for you.
I agree with what's been said. The purpose of introducing compulsory mediation was to try to keep cases away from the courts unless necessary. You would only need to go to court if the agreement broke down, in which case you would then be asking the court to make an order to reinstate contact to the MoU, but if it's working, a court isn't going to be interested, and you run the risk of breaking the trust you currently have with your ex.
I dont have a lot to add, other than Ive been in court and even their theyre moving into judge led mediation (ie what Id order can you agree to it) to avoid formal orders so its highly likley this would rock the boat and the court would probably not accept.
If its working just stay with it
Hi There,
.
I agree with Twiston, when I was in court which was a few years ago now, the judge was very much......well, she will agree to this if you will agree to that, there was no real order and it did seem more like the judge was just trying to get us to agree.
.
GTTS
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