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.”
Do I Need a Lawyer to Help Resolve a Property Settlement Dispute?
No, not at all. If there is a preparedness on the part of you and your ex-partner to agree on such matters without litigation, the sooner you do this the better. In the event that you choose litigation, expect to be tied up in litigation for up to 3 years and expect that the cost will be substantial, both in regard to your financial and emotional state. In relation to the former, expect legal and court fees to substantially erode at your asset pool, potentially into the hundreds of thousands of dollars.
We’ve Got Complex Financial Matters. Can Mediation Handle It?
Absolutely! What you would expect from a family law mediation firm, you can expect from Mediations Australia. In fact, our Mediators are all lawyers. That point aside though, we work collaboratively with accountants who assist in the full assessment of your full financial position. However, if we believe that you would benefit from the initial assistance of a family law practice in the gathering of financial records etc, we work with a number of firms across Australia.
Is There a Risk that My Ex-Partner Will Not Disclose Everything?
Importantly, you and your ex-partner have a duty to disclose all assets and liabilities, a failure to do so could result in the Family Court overriding any agreement you ultimately reach.
How Do I Best Prepare for a Property Settlement Mediation?
At Mediations Australia, we will guide you through the process. Depending on the size of your property pool, sometimes it can make sense to consult with one of our recommended family law firms to work collaboratively with distilling the full financial picture with the intention that once that step has been done, mediation will follow.
What Should I Do Now?
Simple! Call Mediations Australia or make a time that suits you to talk with one of our Perth, Melbourne, Sydney and Brisbane family law mediation team about your property settlement matter. There is no cost for this call.
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