PROPERTY & FINANCIAL SETTLEMENT
Mediation Matters Melbourne can assist you in making decisions about how to distribute your property, finances and debts. Our independent and experienced practitioners will guide you through the legal steps required for property settlement and support you in negotiating a workable agreement. You can end your financial relationship and move forward.
WHEN CAN YOU START THE PROCESS?
You can commence the process at any time after you have decided to separate. It is better to start these discussions early as there are time limits that apply if you are unable to reach an agreement and decide to apply to court.
- For married partners it is 12 months from the date of a final divorce
- For de facto partners it is 2 years from the end of the relationship
If you do not apply within these limits you need to apply to court for special permission. This is not always granted.
TAKE YOUR FIRST STEP TO MAKE A DIFFERENCE
ARRANGE A CONFIDENTIAL OBLIGATION-FREE CHAT
STEPS IN THE PROCESS
WHAT DO YOU OWN AND OWE?
Initially, we will assist you in working out what you own and what you owe. This step requires each of you to disclosure all assets, liabilities, and superannuation in your respective names, joint names or in the names of any entities in which either of you have an interest.
WHAT ARE THE CONTRIBUTIONS?
The next step focuses on contributions that have been made from the beginning of your relationship until the present time. Contributions may be financial or non-financial in nature and can be made either directly or by others. Certain contributions may carry different weight depending on the length of the relationship and the type of contribution.
ARE THERE ANY FUTURE REQUIREMENTS?
You then need to consider other factors including the age and health of each of you, your income and earning capacity and the care of children.
WHO GETS WHAT?
Next is deciding exactly how your property is to be divided, that is, who gets what. At this stage in the process, we will support you in putting forward options that are practical and reasonable based on your individual circumstances and your legal advice. As there is a wide range of legally acceptable outcomes, it is useful to know your best case, worst case and most likely case before these discussions.
WHAT NEXT?
Agreements reached during mediation are not legally binding. You should obtain Consent Orders or enter into a Binding Financial Agreement to give enforceable legal effect to any property settlement. Sometimes the outcome of mediation may not be an agreement. However, you will find that preparation and participation in this process will make you better prepared for legal negotiations or court if necessary.
Call us now for a confidential chat or send us a message
OFFICE
Mediation Matters Melbourne
128A Wattletree Road
Malvern VIC 3144
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