PROPERTY MEDIATION

How we can help

Property Mediation

Solution-focused Property Mediation is a facilitated service that assists families in discussing financial matters post-separation, with the assistance of a neutral third party known as a ‘mediator’. Managing financial matters and working out a division post-separation can be stressful, so understanding a path forward is essential. A path commonly encouraged is a type of mediation called Family Dispute Resolution.

Separated people are encouraged by the Family Court to attend Family Dispute Resolution and make a genuine effort to reach an agreement without the need to attend Family Court.

Benefits of Family Dispute Resolution include:

• • Negotiations are supported by a neutral third party;
  • Your opportunity to be heard and find a path forward;
  • Avoid lengthy legal battles; and
  • Support and referrals to receive advice from legal professionals and understand any legal application of agreements.

Timing and preparation are key! Family Dispute Resolution can assist people in resolving their property matters promptly, as is required by the below time restrictions.

To prepare for Family Dispute Resolution, parties are encouraged to gain an understanding of what property exists and what their entitlements are. If you were married or in a de facto relationship, it may not matter if an item of property is in one person’s name or if it was accumulated post-separation. If you are unsure how this applies in your particular circumstance or what would be considered a just and equitable division, we encourage you to seek legal advice.

To seek the Family Court’s help to resolve matters or apply for a Consent Order, the below time limits apply:

• • If you were married, you must apply within 12 months of your divorce becoming final; and
  • If you were de facto, you must apply within 2 years of the date of separation.

If you exceed these timelines, you must seek the permission of the Court to make an application and this permission is not granted in all cases.

Agreements reached in Family Dispute Resolution may be finalised through a Family Court application for Consent Orders. Legal advice is encouraged even if agreements are reached as the Family Court must ensure that the agreements are just and equitable before finalising the property division. Please be aware that as your Family Dispute Resolution Practitioner is a neutral party to your discussions, they are unable to assist with an application for consent orders or any further steps post mediation. We recommend that families engage independent legal advice to assist or review any applications before lodgement.

​