Property Mediation

Dividing the family home, superannuation, savings and debts after separation is one of the most stressful parts of a relationship breakdown. Property mediation gives you a structured, private way to reach a fair settlement with your ex-partner, without the cost and delay of court.

What is property settlement mediation?

Property settlement mediation is a structured process where separating couples work with an independent mediator to divide assets, liabilities and financial resources, including the family home, superannuation, business interests and debts, aiming for an equitable outcome without court intervention.

Who is property mediation for?

• You and your ex-partner need to divide the family home, savings or investments
• Superannuation, business interests or shared debts are part of the picture
• You want to avoid the cost and delay of contested court proceedings
• You've already separated and want a fair, timely settlement

The property mediation process

1. Initial consultation, we understand your situation and assess suitability.
2. Financial disclosure, both parties provide full and frank information about assets, debts and superannuation.
3. Mediation session, a structured, facilitated discussion aimed at a fair, workable division.
4. Outcome, we prepare written documentation of what's agreed, ready for formalisation as consent orders or a Binding Financial Agreement.

Why choose Mediation House

Michael J. Tyler is a registered Family Dispute Resolution Practitioner, accredited by the Australian Attorney-General's Department, holding a Juris Doctor and Graduate Diploma in Family Dispute Resolution. Sessions are confidential, available in person at our Sydney CBD office or online Australia-wide with a 30% fee reduction.

Frequently Asked Questions

What is property settlement mediation?

Property settlement mediation is a structured process where separating couples work with an independent mediator to divide assets, liabilities and financial resources, including the family home, superannuation, business interests and debts, without going to court.

Is property mediation compulsory in Australia?

Unlike parenting matters, there's no legal requirement to attempt mediation before starting property settlement proceedings in the Federal Circuit and Family Court of Australia. Courts strongly encourage it, since it's usually faster and cheaper than litigation.

What law governs property settlements?

Property division after separation is governed by the Family Law Act 1975 (Cth), which sets out the factors used to determine a just and equitable division of assets and liabilities between separating parties.

How is a property mediation agreement made binding?

Once terms are agreed at mediation, parties usually formalise the outcome through consent orders filed with the court, or through a Binding Financial Agreement. Getting independent legal advice before signing either is strongly recommended.

How long does property mediation take to prepare for?

Preparation typically involves both parties disclosing full financial positions before the mediation session, which can take anywhere from a few weeks to a couple of months depending on how complex the asset pool is. The mediation session itself is usually a single day.

Ready to talk through your property settlement? Contact Mediation House for a confidential, no-obligation conversation.

Phone: 02 9159 9161
Office: Sydney CBD (in-person) | Australia-wide (online)