Family law disputes may involve a dispute about children only. Since 2007, it has been compulsory for the parents to participate in mediation prior to commencing court proceedings, unless the matter falls within one of the exemption categories. At the end of the mediation, the mediator will give a certificate known as a “Section 60I Certificate” which the parties are required to file in court prior to commencing proceedings in the Family Court and the Federal Circuit Court. If the mediator assesses that the matter falls within the exemption category, then no mediation will be held and at an early stage a Section 60I certificate will be issued.
If the dispute involves both children and property, our mediators will assist in resolving both matters.
Further information about ways in recording settlements and copies of sections from the Family Law Act will be provided once our services are engaged. We are totally impartial, non-judgemental and do not give any legal advice.
Our service is totally confidential apart from the exceptions to confidentiality set out in the Family Law Act.
Information regarding property mediation
The following is not legal advice. If you need legal advice, you should consult a solicitor.
The Mediation Process
– The same legal principles apply for both married and de facto couples in property disputes.
– There is no provision in the Family Law Act which states the property should be split 50/50, 60/40, 70/30 etc.
– Mediation in property disputes is conducted in the light of the principles judges apply in arriving at their final decisions based on all the relevant legal principles. The outcome of each particular family law case depends upon its own unique facts and circumstances.
Judges refer to a four step process to determine how much parties will be awarded in property disputes.
– Firstly, identify and value all the property in dispute.
– Secondly, assess each party’s contributions – includes financial and indirect financial contributions.
-Thirdly, assess future needs and adjust contributions.
-Fourthly, consider whether the proposed settlement is just and equitable.
Our Mediators’ Approach
Our experienced mediators who include senior solicitors and barristers will use a mix of facilitative and evaluative mediation techniques to assist the parties to achieve settlement.
Based on all the information provided, our mediators will use their legal experience to assist parties to work out a likely range a judge would award to each party if the matter did not settle at mediation and was to proceed to final hearing. The parties solicitors will be required to provide estimates of their fees and disbursements if the matter were to proceed to final hearing.
Armed with all necessary informqtion, the parties will be encouraged to resolve their dispute in a mutually beneficial mannner.
– For de facto couples, property proceedings need to be commenced within two years of the date the parties ceased to live together.
– For married couples, property proceedings need to be commenced within one year of the date of the divorce,
– It is recommended that you obtain legal advice about all aspects of your case from a solicitor (if you have not engaged one already).
– Do not rely on “bush lawyer” advice from friends or relatives who may tell you that they have knowledge from their own personal experience just because they have done a property settlement with their ex spouse or partner.
Nothing in this blog should be construed as legal advice. The above is information only about the mediation process in situations where there is a dispute about the division of property when parties separate.
Best wishes for the future and thanks for visiting our site. If you require further information or any clarification, please contact us via our contact icon.