The Mediator - Susan Kaye

How will money/property/assets be tackled?   If you wish to discuss matters related to money, property or assets, you will be asked to provide details of expected income and spending (as far as this can reasonably be predicted) and details of the value of your assets and debts. This involves the filling in of a document called a Form E, the same document that would be required if your case was to be heard in court. If needed, a solicitor can assist with this process when financial matters are complex.

This means:

• Making a list of all the money you usually earn or receive over a given period of time (weekly, monthly, etc)
• Making a reasonable estimate of what you would expect to have to pay for in the future including housing
• Providing details of any property, savings, shares, insurance policies, pension rights and other capital assets in which either of you have an interest
• Identifying loans and debts for which either of you are liable

Using this information, you will be helped to negotiate on such matters as:

• The Family Home – who should live there, should it be sold and, if so, when and how should the money be divided? (In the case of a rented home, should the tenancy be changed or transferred?)
• Maintenance and Child Support (if relevant) – how much should each contribute towards the living costs of the children and possibly, of the adults?
• Other property – what will happen to investment properties and holiday homes?
• Pensions – (if applicable) will these be shared or their value offset against other assets?
• Possessions – how should these be shared between you?
• Debts – how will these be dealt with?

Susan will assist you in discussing and coming to agreements on these issues by setting up a structure for the discussion and helping you to agree some decision making criteria for each topic. Discussions and decisions can include contingency plans for circumstances that might be expected to change in the future, or even trial periods to see how the decision you both make pans out over an agreed period of time.

If you both agree to mediation, you will be asked to sign an Agreement to Mediate which includes a declaration that you agree to be open and honest with each other and not do anything which might prejudice the outcome of the discussions.