When relationships break down, resolving financial matters can be one of the most challenging aspects of divorce, particularly where there are significant assets involved. Family Mediation offers a constructive, cost-effective alternative to court proceedings, helping couples reach fair and tailored agreements.
This case study highlights how Tees Law supported a separating couple in achieving a financial settlement through Mediation, avoiding the time, cost and stress of litigation.
For context
Helen Midgley acted as Family Mediator for a separating husband and wife, John and Jane*.
John and Jane had been married for almost 20 years and had significant assets including their family home, various investments accounts, and John’s business interests.
John was a director of a company, which had been purchased by a private equity group. Depending on future performance, John may become entitled to a significant future payment.
Why legal advice alone wasn’t enough Before coming to Tees for Family Mediation, Jane and John had each been taking legal advice, from solicitors and barristers, for many months, and had each already undertaken lengthy financial disclosure, but they had not managed to reach an agreement.
Court proceedings were being contemplated but both John and Jane were concerned about the cost, time and stress that process would inevitably involve.
What happened next?
Helen Midgley therefore met John and Jane separately for Mediation Information and Assessment Meetings before, by agreement, starting Family Mediation.
To ensure the participants were able to negotiate with confidence, by agreement, Helen facilitated Mediation in a shuttle format, which meant Jane and John stayed in separate rooms.
Ensuring full financial clarity
Throughout the three sessions, Helen ensured that John and Jane had the opportunity to address their outstanding financial disclosure questions and she signposted them to take specialist tax and financial advice (alongside their independent legal advice).
Reaching a fair financial settlement
Helen provided legal information so Jane and John could explore options that would meet their housing and future needs and that would achieve a fair outcome.
By finding the foundations of mutual agreement separately – for example that they both wanted to achieve an income clean break (with no ongoing financial support) – Helen helped John and Jane build a settlement structure that gave them both certainty and achieved fairness.
Documenting the agreement
Upon reaching consensus, Helen prepared a draft Memorandum of Understanding (MOU), recording the participants’ without prejudice settlement proposals, and a draft Open Financial Statement, summarising their financial circumstances. John and Jane then returned to their respective solicitors to convert those draft documents into a draft consent order, which could be submitted for approval by the court.
Avoiding court: The benefits of family mediation
Through Mediation, John and Jane were able to:
- Avoid contested court proceedings
- Save significant time and legal costs
- Reduce emotional stress
- Maintain greater control over the outcome
This case demonstrates how even complex, high-value financial disputes can be resolved effectively through Family Mediation.
Giving you the full picture
At Tees, we are proud that our experienced family mediators help clients navigate separation with confidence and clarity. We work closely with individuals and their advisers to achieve practical, bespoke solutions that meet their needs, without unnecessary conflict.
Speak to a Family Mediator
If you are facing divorce or separation and want to explore a more constructive alternative to court, our Family Mediation team is here to help.
*Names have been changed to protect the privacy of those involved.
