Property Settlements

For most separating couples mediation is by far the quickest and most cost-effective way to determine their property settlement. Mediation provides an opportunity to say how your property, income, financial resources and debts will be shared between you after separation. Your agreement may include maintenance to provide financial support to one of the parties and or child support in some circumstances.

The Family Law Rules requires parties who are considering applying to the court for financial orders to complete certain pre-action procedures. They require applicants, respondents and their lawyers to genuinely attempt to resolve their dispute by way of alternative dispute resolution such as mediation.

We recommend that all parties complete our preparation for property checklist and seek advice from a solicitor as to a range of possible outcomes. The next step would be to attend mediation with us and your solicitor, if you wish. Waiting for the court to make orders in relation to your property is likely to be drawn out, costly and at the end of the day there is no certainty in relation to the orders a judge may make.

Request Financial Checklist

We provide a safe environment for you to have a constructive conversation with a view to better understanding each other’s perspective. We then help you to collaborate and negotiate with each other in order to make decisions for the best outcomes for your families.

Simple Property Settlements

Choosing to litigate a property settlement that involves a small amount of assets and liabilities is simply not common sense. Any financial gain a party might achieve from a court order in their favour is likely to be lost in legal fees and court costs. There may be very little or nothing left to distribute at the end of the final hearing.

Single Expert Report

There are many types of expert reports that may be of assistance for parties attempting to resolve their property matters. For example parties may require a valuation of a business or the matrimonial home or other property. Rather than provide competing expert reports which may stall negotiations or lead to litigation many parties choose to engage one expert and agree to accept their advice. This will save time and money. The parties will be able to share the cost of the report and will not need to pay additional costs to have their expert’s report accepted by the court.

Heads Of Agreement

Heads of Agreement are not legally binding unless it is clearly stated in the agreement that parties intend to be legally bound by what they have agreed to. Heads of Agreement are usually the key points that parties have agreed to with the knowledge that further negotiation is required to determine the exact terms of the agreement.

Complex Property Settlement

Complex property settlements may involve several business or family businesses, company and trust structures, complex valuations such as valuations of royalties, valuations of shares and other assets. These settlements may require collaboration with financial experts and other relevant advisers.

Binding Financial Agreements

Binding Financial Agreements can be made between parties before, during or after the end of their marriage or relationship. It is a written agreement that usually provides details as to how the parties will divide their assets if their relationship ends. It may include spousal support and child support. Each party will require independent legal advice. BFA’s as they are known can be complex and costly. In addition to this they can also be set aside which can add significantly to the overall cost of entering into one.

Financial Disclosure

Each party to a family law financial settlement has a duty to provide full and frank financial disclosure. That is, there is a need to be transparent in terms of your assets and liabilities and any other financial circumstances. This ensures that any agreement reached between parties, is made with each party having full knowledge of the other person’s financial circumstances so they can make an informed decision.

5 strategies you must know before
you attend mediation.

In this FREE e-booklet we will reveal the top 5 strategies that people who achieve successful outcomes at mediation know and do, before they attend mediation.