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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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The first letter I've had from my husbands solicitor who is

Resolved Question:

The first letter I've had from my husbands solicitor who is issuing divorce proceedings has asked me for 12 months bank statements, my future earnings etc. do I have to provide this? I also want to go through mediation, because I believe our situation is very simple - his solicitor says we 'don't have to do this'. I thought mediation was now compulsory?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Mediation is not compulsory - however, an applicant to court for either child arrangement or financial relief proceedings must attend a mediation assessment session to see if mediation is suitable.
In relation to disclosure of financial documents, this will be necessary from both you and him in ascertaining the full finances before negotiations can begin - therefore you should be requesting the same. If mediation takes place the mediator will also be suggesting this takes place, and if court proceedings commence the court will need you both to make this disclosure. Full and frank disclosure is essential in financial negotiations as if it later found that there has been dishonesty or assets concealed during negotiations then any order may be overturned.
Please let me know if you have any further questions about this.
Customer: replied 1 year ago.
Thank you. How could mediation not be appropriate when I am asking for it? There's no domestic violence or reason why he can't do it. I'm just wondering what the grounds could be for not mediating?
Customer: replied 1 year ago.
Also what would happen if I ignore the letter?
Expert:  Harris replied 1 year ago.
Mediation is an option and if you make a referral to a mediator and he does not agree to attend then mediation cannot take place. Both of you will need to agree for it to be effective. Mediation is a very cost effective method of attempting to reach an agreement.
If you ignore their request, they would likely wish to pursue court proceedings at the earliest opportunity if he wishes for there to be a timely settlement. You are not obliged to respond but it may assist to keep costs low and negotiations amicable.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
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