Submitted by Uttley on Tue, 06/28/2011 - 09:42
I am very open to the idea of mediation prior or in place of a typical divorce. My husband, however, although he says he will go along with mediation, has been in charge of the money and accounts for the 12 years of our marriage. Honestly, I'm not sure if I trust him to disclose everything in a fair way. So my question is what safeguards are in place in the mediation process to make sure that my husband will disclose everything. I know this sounds bad and maybe it means we should not be thinking about mediation. I'm sure an attorney can find out everything if we go the usual route of court divorce. What do you think? Thanks.
Disclosure of assets and finances in MA mediation
All mediators have different approaches, but they will begin by establishing rules that allow both parties to trust each other for the purpose of reaching an agreement. If you and your husband are unable to get to that point, then mediation may not work for you. However, I believe most couples can make it work.
The Family court will require the parties to sign, "under the pains and penalties of perjury" a Financial Statement, which is then filed along with the Separation Agreement. If you and your husband can agree on a divorce mediator to hire, she will ask you both to complete and sign a Financial Statement before any agreement is finalized. She will also insist that each party have full access to all relevant financial documentation, including filed tax returns for the past several years. All of this disclosure is required because Separation Agreements contain language in which both parties acknowledge that they have fully disclosed all financial information to the other. If your husband lies or fails to disclose relevant financial information, then the Separation Agreement may be nullified based on fraud and, in that case, your husband will have some explaining to do to the judge.
If you believe you need additional protection, there is nothing preventing you from hiring a divorce attorney to advise you on the mediation process and to review any agreements before you sign. Hope that helps.