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Reaching agreement in mediation is a significant step. But the memorandum of understanding the mediator produces is not automatically legally binding. Here is what needs to happen next to protect what you have agreed.
Key points
- The mediator produces a memorandum of understanding recording what was agreed — this is the immediate output of a successful mediation.
- A memorandum of understanding is not legally binding on its own.
- Financial agreements must be converted into a consent order through the court to become legally enforceable.
- Without a consent order, either party can make future financial claims — even years after the divorce is finalised.
- For child arrangements, a parenting plan can be kept informal or formalised through a child arrangements order if needed.
- Both parties should have the memorandum of understanding reviewed by their own solicitors before signing any court documents.
For a full overview of how family mediation works, see our complete guide
The Memorandum of Understanding
At the end of successful mediation, the mediator produces a memorandum of understanding — sometimes called an MOU. This is a written record, in plain English, of everything that was agreed in the mediation sessions.
The document is not a legal contract. It does not bind either party to its terms. It is a record of what was negotiated and what both parties indicated they were willing to agree to — a foundation for the next steps, not the end point.
Both parties receive a copy. This is usually the last direct output from the mediator — what happens next depends on whether the parties choose to formalise the agreement and how.
Note
Do not act on a memorandum of understanding as if it were a court order. It is the starting point for formalisation, not the final legal outcome.
Making a Financial Agreement Legally Binding — the Consent Order
To make a financial agreement reached in mediation legally binding, it must be approved by the court as a consent order. This is a formal court order made by consent — meaning both parties agree to it — and is the strongest available form of legal protection for a financial settlement.
The process involves: instructing a solicitor to draft the consent order based on the memorandum of understanding; both parties reviewing and approving the draft; submitting it to the court with a D81 statement of information; a judge reviewing the order — without a hearing in most cases — and approving it.
Court processing typically takes six to twelve weeks, depending on court workload. Fees apply to submit the consent order application.
Without a consent order, financial claims between former spouses can persist after the divorce is finalised — sometimes for many years. This is the strongest practical reason to formalise even an amicable agreement.
Strongly recommended
Even where both parties are on good terms, a consent order provides legal certainty that an informal agreement cannot. Do not skip this step for financial settlements.
What Happens With Child Arrangements?
For child arrangements, the output from mediation is typically a parenting plan — a document recording the agreed arrangements for where children live, contact time, holidays, schooling, and communication between households.
Unlike financial agreements, a parenting plan does not need to be formalised through the court to be effective. Many families use an agreed parenting plan informally and it works well without court involvement.
If one party later breaches the arrangements — and informal resolution does not work — it may be necessary to apply for a child arrangements order through the court. This converts the agreed arrangements into a legally enforceable order.
In some cases it makes sense to apply for a child arrangements order at the outset — particularly where there is a history of non-compliance or where having a court-backed order provides important reassurance.
Useful resource
Parenting Plan Template — a structured template for thinking through and recording child arrangements.
What If One Party Changes Their Mind After Mediation?
If the memorandum of understanding has not yet been converted into a consent order, either party can withdraw from the agreement. The memorandum is not legally binding, and either person can decide not to proceed.
This is one of the most important reasons to move promptly to formalise the agreement — particularly for financial matters. The longer the gap between the memorandum and the consent order, the greater the risk of circumstances changing or one party reconsidering.
If one party withdraws after agreement but before formalisation, the other party's options are to attempt further negotiation (potentially through more mediation), to apply to court for a financial remedy order, or in limited circumstances to argue that the agreement should be enforced.
Related Questions
How long does it take to get a consent order after mediation?
Once a financial agreement has been drafted into a consent order application, processing by the court typically takes six to twelve weeks. The timeline depends on court workload. Both parties submit the agreed order to the court, and a judge approves it without a hearing in most straightforward cases.
What happens if one party breaks a mediation agreement?
If the agreement has been made into a consent order, the other party can apply to court to enforce it — breach of a court order can result in fines or committal proceedings. If the agreement is only a memorandum of understanding and not yet formalised, enforcement options are more limited and a court application may be needed.
Next Steps: Instruct a Solicitor to Formalise the Agreement
The most important next step after a successful mediation is to instruct a solicitor to draft the consent order from the memorandum of understanding. Do not delay this step — the memorandum provides no legal protection until it becomes a court order.
Both parties should have the memorandum reviewed by their own independent solicitors before the consent order is finalised. This ensures that both parties understand what they are agreeing to and that the order is properly drafted.
For child arrangements, decide with your mediator and solicitor whether a formal child arrangements order is needed or whether a detailed parenting plan is sufficient for your situation.
You may also want to learn about:
When you're ready
When you are ready to begin, a MIAM is the starting point — and the path to the agreement you then need to protect through a consent order.
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Many people begin mediation by learning, not deciding.
Understanding your options can be a helpful first step.
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