What the mediation document actually is
A Memorandum of Understanding sets out what both of you have agreed and why: who keeps what, how anything is transferred or sold, what happens to pensions and debts, and the arrangements for any children. It is written in plain English so both of you can read it without a translator.
It is normally prepared 'without prejudice', meaning neither person can wave it at a judge as an admission if the case later goes to court. That protection is what makes people willing to explore options honestly.
How it becomes binding: the consent order
For finances on divorce, a solicitor turns the agreement into a consent order in the form the court expects, and you file it along with a summary of both people's finances. A judge reads it and, if it is broadly fair, seals it. From then on it is enforceable like any other court order, and it also stops future financial claims between you.
This step is where a small amount of legal help pays for itself. Agreeing the substance yourselves is the expensive part you have avoided.
Arrangements for children are different
Agreements about where children live and how time is shared are usually left as a written parenting plan rather than being made into an order. Courts prefer parents to make workable arrangements themselves, and an order is generally only sought when there is a dispute that needs deciding.
Other kinds of dispute
Outside family cases, a signed settlement agreement between two parties — a neighbour dispute, a workplace issue, a money dispute — can be a binding contract in its own right if both sides intend it to be and it is clearly drafted. Whether that is the right route depends on what is at stake; if there is significant money or property involved, take advice before signing.
Frequently asked questions
Can my ex simply change their mind afterwards?
Before a consent order is sealed, yes — the Memorandum of Understanding does not stop them. That is the main practical reason to convert an agreed financial settlement into an order rather than leaving it as a document in a drawer.
Do we both need our own solicitor?
Not necessarily, but one solicitor cannot advise both of you. A common approach is that one person's solicitor drafts the consent order and the other has theirs review it, which is far cheaper than negotiating the settlement through them.
Will a judge always approve what we agreed?
Usually, if it is within the range of reasonable outcomes and both of you disclosed your finances properly. A judge can refuse or ask questions where the split looks markedly unfair or where something appears to have been hidden.
Is the agreement produced by an online service any different?
No. Whether the conversation happens in a mediator's office or in an online room, the output is a written agreement that needs the same court step to become binding. What matters is that it is specific, complete and honestly disclosed.
This is general guidance on mediation in England and Wales, not legal advice. Court procedure, financial settlements and arrangements for children can turn on your own circumstances — take advice from a solicitor or an accredited family mediator before making a final decision.
Next step
GoMediation.ai writes your agreement in plain English as you go, tracks every issue as agreed or not agreed, and gives you a document you can take straight to a solicitor for a consent order.
Produce a clear written agreement