PROPERTY DISPUTE RESOLUTION
If you would prefer to settle your property matters out of court. It helps you to prepare yourself for mediation by thinking carefully about the important principles of property division as described in the Family Law Act 1975. These important principles of property divisions are set up in the four-step process of mediation.
4 – STEP PROCESS
Step 1: identifying assets and liabilities and agreeing on net worth
Step 2: Assessing contributions and future needs
Step 3: Making an offer to settle
Step 4: Negotiation and agreements
There are a lot of benefits in doing property mediation as it is cost effective, and you may come to an agreement in a couple of months. Court related procedures are likely to cost thousands of dollars and it may take a number of years to settle your property matters.
WHAT IF WE REACH ON AN AGREEMENT?
if the parties in mediation reached on an agreement, then those agreements are good will financial agreements. You don't need to go to court unless you want to convert the agreements in to consent order because agreement made in mediation are not binding.
WHAT IF WE DO NOT REACH ON AN AGREEMENT?
In case parties do not reach on an agreement, mediator will let the parties know that they are free to contact court for their financial matters. There is no need of Section 60 - I certificate for property matters.
Before starting mediation, we strongly recommend each party to take independent legal advice.