Memorandum of Understanding (MOU)

For couples using divorce mediation to resolve all of the issues surrounding their divorce, once agreements are reached in the areas of Parenting Plans, Equitable Distribution, Spousal Support (Alimony) and Child Support, the divorce mediator will draft a Memorandum of Understanding (MOU) reflecting the decisions made during mediation. It is written in “plain English” so that its contents are clearly understood and outlines in detail the agreements reached between the parties and where appropriate, the rationale behind such decisions.

Once the Memorandum of Understanding is reviewed and approved by the clients, the mediator will provide a final version of the document to the couple. They in turn will take the Memorandum of Understanding to their respective attorneys for review and incorporation into the formal legal documents that will be filed with the court. It is important to note that the Memorandum of Understanding is a non-binding document and couples will not sign it although in some instances, depending on your attorney, your final Property Settlement Agreement may look almost identical to your Memorandum of Understanding.

For couples who choose to mediate limited, post-divorce topics such as parenting plan issues, child custody issues or New Jersey Child Support issues, the MOU can simply be used by the parties as a document to memorialize the agreements made in mediation sessions and not filed with the courts. Or, if the need arises and the couple feels compelled to formalize the arrangements contained within the MOU, they can simply take the document to their respective attorneys who would then file a post-judgment modification on their behalf.

As every family’s circumstances are unique, it is always best to consult with a NJ divorce mediator who can help you and your spouse understand the Memorandum of Understanding in detail. With that in mind, please note this document is intended to give a general overview of the subject matter and not to provide any specific legal advice. Should you have any specific questions regarding a Memorandum of Understanding for your particular situation, please contact us to set up a consultation for you and your spouse either via telephone or in one of our many convenient Northern or Central New Jersey locations where we will discuss the specifics of your case and help you understand the potential options and solutions that lie ahead for each of you.