Annulment disputes often involve specific factual and legal questions about the validity of a union and the downstream effects on property, support, and parenting where applicable. Mediation helps separate the threshold question of validity from the practical consequences that may follow, including how property, support, or parenting issues may be addressed depending on how that question is resolved.
How Mediation Helps In This Context
Participants often consider the threshold question of validity and evaluate how that determination may affect related questions involving property, support, or parenting. Where stability is a concern, participants may consider interim measures that address immediate needs while preserving their positions on the underlying issues.
Common Issues
- Grounds and evidentiary issues related to validity
- Treatment of property or support if validity is contested
- Parenting considerations where children are involved
- Interim arrangements pending resolution of threshold issues
Some Considerations For Counsel Preparing For Mediation
- Identify the facts and records relevant to the validity issue
- Consider whether limited interim agreements are helpful
- Identify who needs to participate in the mediation and what interim steps participants are prepared to consider pending resolution of the threshold issue
- Consider documentation that reflects the limited scope of any interim measures