Property and Financial Mediation
Dividing your Property and Assets
When you are going through a divorce or separation, one of the difficult decisions you need to make is how you will divide your property and finances with your former partner. Many people find it difficult to discuss and negotiate these issues on their own.
This is where Mediation can help.
Obtaining the help of a Mediator is a great way to discuss your issues in a controlled and safe environment. Having a Mediator in the room while you negotiate these sensitive matters can help prevent emotions getting out of hand.
How does Property Mediation work?
The first step in a Property Mediation is to determine your net asset position. This is done by establishing the individual value of each of your assets and liabilities, to give you a complete picture of your joint financial position.
The next step is often the most difficult. This is the time to negotiate your financial settlement agreement, which basically means deciding who is going to keep what. Having a Mediator in the room while you discuss these difficult issues, can really help make your property division a lot easier and simpler for you both. A Mediator is specially trained to help you discuss these issues and optimise your chances of achieving a financial settlement.
Is there a time limit for dividing property?
You can start dividing your property, as soon you separate and feel that there is no possibility of reconciling. You do not need to be divorced. However, once you have divorced, then you only have 12 months to settle your financial matters. After this time, you will have to apply to the court to get leave before you can apply for a property order.
If you are in a de facto relationship, then you have 24 months from the time you separated, to settle your financial matters. After this time, you will also require leave of the court to apply for a property order.
Should I see a Lawyer?
We strongly encourage you to take a list of your assets and liabilities to a lawyer to get legal advice before your first Property Mediation session. A lawyer can advise you on what range or percentage of assets you might be entitled to. They can also provide a quote for the likely cost of going to court and how long a court judgement might take. Having this information makes it easier for you to manage your expectations, and make or accept, realistic settlement proposals during Mediation.
Types of Property Mediations
We offer different styles of Property Mediations to ensure you get the best fit for you. For example, we offer Shuttle Mediation, for situations where you do not wish to be in the same room as your former partner.
We also offer Video Mediation, for situations where you do not wish to be in the same building as your former partner. A Video Mediation can be done from the convenience of your own home, using your laptop or computer.
Appointments and Fees
Your Mediation session can be held at any time that suits you and your former partner. This includes after hours or weekends by appointment.
We offer affordable fees, which are fixed and agreed with you prior to the Mediation, so that there are no surprises.
If you have questions about Property Mediations or any of other services we offer, we would love to hear from you.