Property Settlement Mediation in Australia

“Insiders say the family law system is sinking under the weight of a backlog of cases, with more than 20,000 still to be heard at the end of 2018. That means families are waiting up to five years for bitter child custody and property disputes to be settled, and former judges say urgent action needs to be taken.”

9News 12 February 2019

What is Property Settlement Mediation?

One of the things you need to look out promptly following separation, providing that the relationship is well and truly over, is the division of assets and liabilities. In the context of family law, these matters are usually referred to as “property settlements.”

So, Do I Need a Lawyer to Help Me Resolve These Disputes?

Definitely not! It’s often the case that family law disputes simply derive from disagreements over matters relating to children, mediation parenting matters or mediation property matters. What you pay a lawyer for (at up to $700 an hour) is to negotiate and reach an agreement with your ex-partner and when such an agreement cannot be reached institute court proceedings. The latter aspect is called, “litigation“ and it’s soul destroying, will wreak emotional havoc on you and everyone else for the period of that litigation (at least two years) and if that isn’t bad enough, you’re going to spend a lot of money getting a court to make a decision that you’re likely not going to be happy with. The average cost of a three-year litigation battle is in the vicinity of $150,000 – $300, 000. On the other hand, if there is a willingness to mediate, all matters relating to parenting, children and property can be settled swiftly and cheaply with mediation.

What Happens if We Agree on Some Things and Not Others?

It may be the case that you and your ex-partner can form an agreement on key issues like parenting and children, but you’re not ready to agree on property. In the case of the latter, you may have no alternative other than seeking help from a good family law practice, that has a bent towards mediation to help you and your ex-partner move to that position.

So, What Should I Do Now?

Family law mediation at Mediations Australia offers a free, no-obligation consultation with one of our Perth, Melbourne, Brisbane, and Sydney meditation team. From there, you can decide which is the best path for you.

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