top of page
A pen on a pile of documents

Drafting Documents

In family mediation, particularly when dealing with separation or divorce involving children, the Memorandum of Understanding (MOU), Open Financial Statement (OFS), and Parenting Plan serve distinct but crucial purposes in reaching a comprehensive and lasting agreement.

 

In essence:

*  The MOU captures the "what" of the agreement,

*  The OFS ensures the financial decisions are based on a transparent "how much," and

*  The Parenting Plan details the "how" of raising the children moving forward.

 

Together, they provide a comprehensive and considered framework for resolving family disputes through mediation, aiming for outcomes that are fair, sustainable, and, most importantly, in the best interests of all involved, especially the children.

​

Here's why they are essential:

Documents

Memorandum of Understanding - MOU 

Capturing the Agreed Terms

​​

  • Purpose:

      The MOU is a written summary of the agreements reached during the mediation sessions. It acts as a non-legally binding record of            what the parties have decided on various issues.

​

  • Why it's important:

      Clarity and Understanding: It ensures both parties have a clear and shared understanding of  the agreed terms, minimising the risk of        future misunderstandings or disputes.

​

  • Tangible Record:

      It provides a tangible document that parties can refer back to, solidifying the progress  made in mediation.

​

  • Foundation for Legal Formalisation:

     The MOU typically serves as the basis for drafting legally binding documents, such as a Consent Order submitted to the court. This           streamlines the legal process.

​

  • Emotional Validation:

      Seeing their agreements written down can provide a sense of  accomplishment and validation for the efforts made during mediation.

 

  • Reduces Ambiguity:

      It helps to avoid vague or ambiguous agreements that could lead to conflict later on.

Open Financial Statement - OFS 

Ensuring Transparency and Fairness

​​

  • Purpose: The OFS is a document where both parties fully and honestly disclose their financial circumstances. This includes income, assets (property, savings, investments), debts, and liabilities.

​​

  • Why it's important:

      Informed Decision-Making: Parties can only make fair and informed decisions about financial settlements (e.g., division of assets,                  spousal maintenance) when they have a complete picture of the financial situation.

​

  • Transparency and Trust:

      Open disclosure builds trust and transparency between the parties, which is crucial for reaching a mutually acceptable agreement.

​

  • Fairness and Equity:

      It helps to ensure that the financial settlement is fair and equitable, taking into account the needs and resources of both parties.

​

  • Legal Requirement:

      In court proceedings, full financial disclosure is mandatory. The OFS in mediation mirrors this principle, preparing parties for potential            legal steps if mediation doesn't fully resolve matters.

​

  • Efficiency:

      Having a clear and organised overview of finances streamlines discussions and prevents delays caused by piecemeal disclosure.

Parenting Plan

Focusing on the Children's Well-being

​​

  • Purpose: The Parenting Plan is a detailed agreement outlining the practical arrangements for the care and upbringing of any children involved. It covers aspects like residence, contact schedules, communication, education, healthcare, and decision-making responsibilities.

​​
      Why it's important:

  • Child-Centric Approach: It prioritises the children's best interests by creating a stable and predictable framework for their lives post-separation.

​​

  • Clarity and Consistency: It provides clarity and consistency for both parents and children regarding routines and expectations.

​​

  • Reduces Conflict: A well-defined parenting plan can minimise misunderstandings and potential conflict between parents regarding child-related issues.

​​

  • Promotes Co-Parenting: It encourages effective co-parenting by establishing clear guidelines for communication and shared responsibilities.

​​

  • Adaptability: While providing structure, a good parenting plan can also include mechanisms for review and adjustment as the children's needs evolve.

​​

  • Legal Significance: The Parenting Plan often forms the basis of the child arrangements order submitted to the court, making it a crucial document in any legal proceedings involving children.​​

​
​

​

​

bottom of page