Property and Financial Settlements

What to expect from a property mediation: our online services offer a  convenient and safe way to resolve your property dispute. You can feel at ease knowing that our property mediations follow the same five-step process used by the courts. We encourage that each party prepare for the property mediation (see below) to ensure that you reach the best possible outcome in your property division. Our mediator will assist you to negotiate and agree on how your assets will be divided. 

How to prepare for a property mediation: our mediator will ask each party to:

1. Complete the provided FDR hub balance sheet listing all assets, liabilities, future resources and values for each of these. 
2. Prior to the mediation reflect and document the substantial and significant financial and non-financial contributions you have made throughout the course of the relationship (such as mortgage re-payments, renovations, household tasks & child care etc.). This can also include contributions from other family members (such as child care, inheritance and/or gifts). Any notes you have made can be used as a prompt in the mediation.
3. Consider what future needs you may have moving forward (such as finding somewhere to live, any health issues, care of children, engaging in study or employment). Identify whether any of these future needs may impact on your ability (including skills and qualifications) to earn an income.

Reaching agreements: upon successful agreement of how your property/finances is to be divided your mediator will offer to formalise the agreement in writing. This agreement will not be legally binding or enforceable, but will assist should you wish to seek legal assistance to prepare Consent Orders or a Binding Financial Agreement. 

What to do if you don't reach an agreement: whilst we do our best to assist you to resolve the dispute- mediation may not be suitable to address your concerns. In this event we will provide you with a copy of the notes taken to provide you with a clear understanding of the issues in dispute, as well as a referral to a legal team to negotiate or apply for court orders on your behalf. Given the significant legal costs that can be incurred we encourage that parties attempt to resolve the dispute through the mediation process to maintain the value of your assets and preserve your mental wellbeing.