If you are getting a divorce with a divorce mediator you may be wondering, “What is a Memorandum of Understanding?”. In the simplest terms, a Memorandum of Understanding is just an industry term that is used to describe the report that reflects the agreements you have reached in divorce mediation. No one signs this document and it is not legally binding. This report will address your parenting plan, division of marital assets and debts, child support, and spousal support (which used to be known as alimony). It is a very thorough document but written in every day language that is straight forward.
So, a Memorandum of Understanding is a good first step towards an official divorce. Your final judgement of divorce, granted by a judge in court is legally binding, and includes a Marital Settlement Agreement. Simply put, a Marital Settlement Agreement is a jazzed-up version of the Memorandum of Understanding. The Marital Settlement Agreement contains all the legalese and contract language about the substance of the agreements reached in divorce mediation. The Memorandum of Understanding will clearly spell out all issues in basic, clear language. A Marital Settlement Agreement will add another layer, clarifying more legal issues. It’s good to start with the Memorandum of Understanding so you can clearly see what you have agreed upon before adding the legal protections.
The mediators at Westfield Mediation, LLC, help you develop a Memorandum of Understanding in a clear, organized manner. You may end up with a 10-15-page document that plainly spells out all of the agreements you reached in mediation. It is written in a way that is clear and concise while not omitting important aspects of your divorce agreement. The mediators are thorough and include many details. But mediators are not acting as attorneys and do not pretend to be. The Memorandum of Understanding does not have the sometimes difficult to understand legal terminology that can overshadow the essence of the agreement. That gets added in (and should be) when the Memorandum of Understanding becomes a Marital Settlement Agreement, which is prepared by a divorce attorney.
For more information about divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M.Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC, at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com
So, a Memorandum of Understanding is a good first step towards an official divorce. Your final judgement of divorce, granted by a judge in court is legally binding, and includes a Marital Settlement Agreement. Simply put, a Marital Settlement Agreement is a jazzed-up version of the Memorandum of Understanding. The Marital Settlement Agreement contains all the legalese and contract language about the substance of the agreements reached in divorce mediation. The Memorandum of Understanding will clearly spell out all issues in basic, clear language. A Marital Settlement Agreement will add another layer, clarifying more legal issues. It’s good to start with the Memorandum of Understanding so you can clearly see what you have agreed upon before adding the legal protections.
The mediators at Westfield Mediation, LLC, help you develop a Memorandum of Understanding in a clear, organized manner. You may end up with a 10-15-page document that plainly spells out all of the agreements you reached in mediation. It is written in a way that is clear and concise while not omitting important aspects of your divorce agreement. The mediators are thorough and include many details. But mediators are not acting as attorneys and do not pretend to be. The Memorandum of Understanding does not have the sometimes difficult to understand legal terminology that can overshadow the essence of the agreement. That gets added in (and should be) when the Memorandum of Understanding becomes a Marital Settlement Agreement, which is prepared by a divorce attorney.
For more information about divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M.Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC, at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com