Mediations Australia

When Should We Consider Property Settlement? One myth that can trip up separating couples is the belief they need to wait for a divorce to finalize a property settlement. This is simply not true!

Strict Time Frames for Property Settlements

The time limit for property settlements in a marriage is 12 months following a divorce. For a de facto relationship, a property settlement has to be brought within two years following the end of your relationship.

When Should We Do a Property Settlement Mediation?

As long as you comply with the time limits set out above, there is really no recommended time to take care of the mediation parenting matters. That said, most separated couples wish to finalise this matter as soon as practicable so they’re able to move forward financially.

The usual steps towards a property settlement include:

• identifying what is included in the property pool
• negotiating the division of the property pool by way of a property agreement
• formalising the agreement to achieve a property settlement.

What is Considered in the “Property Pool”?

Typically your property pool will include:

• All the assets held by you and your ex-partner in both joint or separate names such as:
  • family home
  • investment homes
  • all vehicles
  • all household effects
  • all personal items
• All the assets owned by you or your ex-partner such as:
  • a business
  • superannuation
  • shares in a family business or other investments held under a family trust.
• All liabilities are in joint or individual names.

Importantly it may also take into consideration all property you have held in your own name prior to entering into the relationship, and the property you may have acquired since separation (for example, an inheritance).

How Do I Get a Complete Picture of the Property Pool?

At Mediations Australia, we work collaboratively with accountants and financial advisers who can assist in assessing the total worth of the property pool.

Anything Else?

You should also promptly consider estate planning to minimise the risk of your assets returning to your ex-partner in the event of death.

What Should I Do Next?

Simply contact our Melbourne, Perth, Sydney and Brisbane Mediators for a free no-obligation chat to learn more about how we might be able to assist you.

The cost of mediation in Australia depends upon where you’re currently at in resolving your family law dispute and the type of dispute.

There are a number of mediation avenues for you to consider in resolving your family law dispute.

If your dispute relates to children or parenting, Family Dispute Resolution (FDR) is compulsory, which means that people who wish to resolve disputes relevant to their children (parenting matters) are required to attend FDR and make a genuine effort to resolve issues, before they progress through to litigation.

This is a type of mediation for helping to separate families to come to their own agreements with a predominant focus on parenting and children’s issues.

The cost of FDR depends on the provider and may be free for eligible people. Private providers set their own fees which can vary. Community-based family law services have a standard fee policy based on income levels and your capacity to pay.

Alternatively, you can choose what’s called a Private Mediation. Private mediation is facilitated by an experienced and accredited family law mediation. This type of mediation can effectively resolve all types of family law disputes ranging from the most simple to the most complex. The latter may relate to property settlements of which there may be substantial complexity deriving from multiple businesses, properties, trusts etc.

The cost of this type of mediation can be between $2,500 and $5,000 depending on the nature of the dispute or disputes.

Whilst the cost may seem high at first instance, what needs to be remembered is that a family lawyer will charge in the vicinity of $350 to $700 per hour. At Mediators Australia, all our mediators have experienced family lawyers as well. Their fee for a mediation needs to be considered in the context of this, including the significant amount of time they spend in the preparation of each matter.

Mediation is Significantly Cheaper than the Alternative

In the event that you choose not to resolve your family law dispute through mediation or other types of less-litigious ways, then the only other way is through litigation. Typically the cost of family law litigation will range from $35,000 up to $300,000 depending on the matter. Notwithstanding this, it is well documented that given the significant delays in getting your matter to court (up to 3 years) family law issues have a tendency to become more emotionally driven and more complex.

What If We Are in Dispute on Both Property & Parenting?

Generally speaking, it’s advisable not to attempt to resolve these very different types of disputes during one mediation. It’s preferable and much more advantageous to have these matters separated.

What Should I Do Next?

Simply contact us at our Melbourne, Perth, Sydney and Brisbane Mediators for a free, no-obligation chat.

I’m Contemplating Separation. Should I See a Lawyer or Mediator First?

We encourage you to contact Mediations Australia first. Our team can answer your questions about mediation and assess if it’s the right approach for your situation. Family lawyers, while crucial in some cases, may be more inclined towards litigation due to the nature of their practice. It’s important to explore all options, and mediation is often a significantly more cost-effective way to resolve separation issues.

What If I Have Already Seen a Lawyer?

This is your family law matter. At any point in time, you’re able to instruct your lawyer that you now wish to try mediation to resolve the dispute. You can advise them that you wish them to contact Mediators Australia to discuss the next steps. It’s usually the case that we will work collaboratively with your family lawyer to reach a resolution on all necessary fronts during the mediation.

You Do Not Need to Go to Court for Mediation

It’s important to remember that a family law dispute doesn’t necessarily have to be resolved by a court. In fact, the courts encourage you and your spouse to resolve matters without their intervention and mediation for that reason is mandatory in nearly all circumstances of family law mediation. Once a resolution is agreed on relating to the matters that are in dispute, at Mediators Australia we can have the agreement drawn up, signed by both of you, then authorised by the court. This then becomes a legally-binding agreement and should amendments be necessary in the future or should one of you breach a particular condition in the agreement, the matter can be resolved by the court.

Why You Should Try and Reach an Agreement without Lawyers

It’s obviously advisable that if you and your partner can resolve your differences without lawyers involved it will save time and literally tens and sometimes, hundreds of thousands of dollars. Family law disputes mediation the longer they linger tend to become considerably worse. If there is an opportunity for you and your spouse to repair your relationship or failing that, mediate as soon as practicable, then it’s wise to do so.

What Types of Matters Can be Resolved in a Mediation?

Typically the matters resolved during a mediation relate to either property or parenting. In relation to property, at Mediations Australia, we can work with all allied professionals, including your tax agent, accountant, financial advisor etc to be properly apprised of all financial matters.

What Should I Do Next?

Simply contact our Melbourne, Perth, Sydney and Brisbane Mediators for a free no-obligation chat to learn more about how we might be able to assist you.

Common Questions About Mediation

1. Why You Should Consider Mediation

Numerous legal matters these days require you to attend mediation as a pre-requisite before having your matter heard in court. It’s the court’s way of sign-posting to you that it is far more effective and efficient to have your legal dispute handled this way, as opposed to a Judge, who knows very little about your circumstances to ultimately make a decision. Practically speaking, most people are unhappy with the results that litigation serves up, notwithstanding the fact it takes considerable time (mostly years) and can cost hundreds of thousands of dollars.

2. How Does Mediation Work?

A mediator facilitates the mediation between the people in dispute. Importantly, the mediator is a neutral party, he or she does not take sides, but rather helps you reach an agreement.

Furthermore, a mediator is not a judge or a magistrate, they are not there to preside over your dispute and make a decision of who will win and who will lose.

Also, when you attend mediation, it’s not an opportunity for you or the other person you are in dispute with to ask you questions or cross-examine you. Quite often, and this can be your preference, to not be in the same room as the other person, but rather have the mediator shuttle between you both.

3. What Happens If Your Matter Does Not Resolve During Mediation?

If your matter does not resolve at mediation, it may be the case that you are close to an agreement and a further mediation may benefit you. Alternatively, if no agreement has been reached and it’s unlikely that it will be reached in the future, your dispute may proceed to litigation.

4. Do You Have to Attend the Mediation In Person?

Usually this is the preferred method, however, increasingly online mediation are becoming commonplace and we can facilitate this for you and the other person in dispute if you both agree to this method of facilitation.

5. Who Attends the Mediation?

A mediation typically will have the two people in dispute, the mediator and if necessary, the legal representatives of both you and the other person you are in dispute with.

6. Do You Have to Accept Any Offers at a Mediation?

No, you do not. It’s important that during mediation you only agree to terms and conditions that you’re happy to live with. However, it’s important to know that mediation is often about reaching some middle ground. It’s unlikely you’re going to get exactly what you want, but you need to consider this in the context of if the matter goes to court. Once there, you would have spent at least tens of thousands of dollars and the matter would have consumed a significant amount of your personal time, often impacting negatively on your wellbeing and that of others around you.

7. How Long Does a Mediation Go For?

Mediation will usually start at 9.00 am and go to 5.00 pm. Of course, many mediations may not last this long. The allocated time is an important facet of mediation because it forces you both to use the time constructively to try and reach an agreement.

What Should You Do Next

Simply contact our Melbourne, Perth, Sydney and Brisbane Mediators for a free no-obligation chat to learn more about how we might be able to assist you.