After separating, achieving a just and equitable property settlement is necessary for both of you to move forward.
The Law requires that Property settlement occurs for:
- De Facto relationships: within 2 years from the date of separation
- Married couples: within 1 year of your Divorce being finalized.
Property Mediation is a quick and cost-effective way to decide on your property settlement.
The process focusses on assisting you to identify your needs, interests and concerns about dividing your property. Engaging a registered FDRP to assist you through this process can make the process easier.
Dr Henry Netscher, Director of Opt-In Mediation, facilitates discussions between you.
Also, Dr Henry Netscher provides Property Mediation Coaching to assist you with the process where the Mediation is conducted by another Mediator.
The Mediation follows the 4-step process used by the Court, to arrive at a just and equitable agreement.
The 4-step process is:
- Identify the Property pool: Your Assets (what you own) and your Liabilities (what you owe)
- Identify Contributions made initially, during and post relationship. These include financial and non-financial contributions, direct and indirect.
- Identify Future needs that may affect the parties.
- Consider whether the division is just and equitable
Before you come to Property Mediation:
- Obtain legal advice, financial advice, and property valuations
- Gather your documents: Bank statements, superannuation statements, house valuations etc
- Be ready to make Full Disclosure.
To assist you with the process:
- Please visit the Federal Court and Family Court of Australia website, Family Law, Finances and Property overview: https://www.fcfcoa.gov.au/fl/fp/overview. This provides information needed to get you started.
- Please download the Federal Circuit and Family Court of Australia Financial Statements Kit https://www.fcfcoa.gov.au/fl/forms/financial-statement-kit. This provides guidance on what information you need to disclose, and provides an easy-to-use Assets and Liabilities Schedule. You’ll need to bring this information with you to mediation.
The purpose of Property Mediation is for a neutral Mediator/ FDRP (Dr Henry Netscher) to assist you, in a safe and respectful environment to:
- Communicate respectfully and collaboratively
- Identify your assets and liabilities to arrive at your Nett Property Pool
- Identify your respective contributions, financial and non-financial, direct and indirect
- Identify your future needs
- Explore your needs, concerns and interests with regard to moving forward
- Generate options for resolution
- Put realistic and workable proposals together
- Facilitate negotiations
- Record the terms of agreement.
It is important that you obtain legal advice about Agreements reached. If both parties have made full disclosure and the agreement is just and equitable, your legal advisor may draft a Binding Financial Agreement, or Consent Orders to submit to the Court for approval.
