Agreements reached in family mediation are not legally binding on their own. That is deliberate: mediation gives you space to explore options openly before committing. But the agreements you reach can be made legally binding, and in many cases they should be. This guide explains how that works in England and Wales.
What you receive after mediation
Depending on what you discussed, you will receive one or more of these documents:
- Open Financial Statement (OFS): a summary of both your finances, based on the documents you each disclosed.
- Memorandum of Understanding (MoU): a confidential summary of the financial proposals you have reached.
- Parenting plan: what you have agreed about your children, such as where they live, time with each parent, holidays and how you will communicate.
You can read more about each one in our guide to mediation documents.
Making a financial agreement legally binding
For money, property and pensions, the agreement is made binding through a consent order:
- A solicitor drafts a consent order based on your Memorandum of Understanding.
- It is sent to the court with a statement of information (Form D81) summarising your finances.
- A judge checks that it is broadly fair and approves it, usually without a hearing.
Once approved, the consent order is legally binding and enforceable. It can also include a clean break, so neither of you can make financial claims against the other in future. Our step-by-step guide on how to get a consent order covers the process and timings, and GOV.UK explains how to apply for a consent order.
What about agreements about children?
Parenting plans are not usually turned into court orders. Under the Children Act 1989, the court only makes an order if doing so would be better for the child than making no order at all. Where parents agree, it often decides an order is not needed.
Most families find a clear, detailed parenting plan works well, because they both helped create it. If circumstances change, you can return to mediation to update it.
A child arrangements order may be appropriate if there is a real risk the agreement will break down, or if there are safety concerns. In that case, a solicitor can advise you on applying to court.
Can a mediation agreement be enforced?
- Consent orders can be enforced through the court if one person does not keep to them, for example by not making payments or not transferring property.
- Child arrangements orders can also be enforced, and the court has powers if an order is broken without a good reason.
- Parenting plans and Memoranda of Understanding rely on both of you keeping to them. They can still carry weight: if the matter later goes to court, a judge may take into account what you agreed.
Why formalising your financial agreement matters
- Certainty: both of you know exactly where you stand.
- Protection: without a consent order, financial claims can stay open after divorce, sometimes for years.
- Enforceability: if one person does not follow the order, the court can step in.
Ready to reach an agreement?
Our mediators help you reach agreements that can be made legally binding. Ark’s fixed-fee legal package can then take care of the consent order through a partner law firm. Book a free 10-minute call or call 0330 043 6360.
