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In some cases, a divorce truly means the end of a relationship and parties don’t intend to interact with one another once it has been finalised. However, for many couples, certain aspects of their lives remain intertwined even after separation. The couple might have children together or one might be dependent on the other for spousal support, which keeps them present in each other’s lives. Some of these shared interests are governed by the terms of the divorce agreement, which parties agree to when they sign their divorce agreement. 

 

So what happens when a dispute arises about one of the terms of the divorce agreement?

 

Post-divorce mediation is focused on resolving disagreements after a couple has been granted a divorce, without the need for litigation in court. If the matter can be successfully settled out of court it tends to be a shorter process that is much less expensive. Mediation seeks to reach an agreement between the parties in which neither party feels exploited or disadvantaged. This is done with the help of a neutral mediator, usually a legal expert that can accurately advise both parties during the proceedings. The mediator has no stake in the case and their goal is to reach an agreement that is most fair and reasonable from an objective point of view. Although the mediator will participate in the negotiations, the ex-partners will ultimately be in control of the outcome of the mediation process.

 

Which disputes can arise post-divorce?

 

Circumstances are prone to change and it is often the case that one of the parties no longer agrees with one or more of the terms of the divorce agreement after a number of years. A common source of disagreement is the amount of spousal support that one party is entitled to. One party might feel that they are entitled to a larger contribution if their ex-partner's income increases over time. Disputes can also occur when there is a disagreement surrounding a couple’s children and the parental responsibilities and rights of each parent. For example, one party might want to increase the amount of contact they are granted by the divorce agreement, or they might have become dissatisfied with the amount of maintenance that their ex-spouse is paying.

 

Whatever the reason for the disagreement, it is best to try and settle the matter out of court when possible. If the parties are able to reach an agreement during mediation, the mediator will draft these terms into an agreement which both parties will then sign. This agreement is seen as a binding contract, but depending on the circumstances, a formal court application might be required to have the divorce agreement amended with the new terms. 

 

Post-divorce mediation can save you a lot of time and money and is less likely to lead to animosity between ex-partners. Give the process the best chance of success by trusting qualified attorneys to act as your mediator. Cawood Attorneys has a wealth of experience in family law and our team is standing by to help you find the best resolution to your unique situation. Contact us today to book a telephonic consultation with one of our professional attorneys.

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