When a relationship ends, dividing the assets and liabilities is often the most daunting part. Property settlement mediation offers a faster, cheaper, and less stressful way to resolve it without the years of conflict and expense a Family Court battle can bring.
This guide explains what property settlement mediation is, how it works step by step, how to prepare, what it costs, and what happens afterwards, so you can approach the process informed and confident.
What Is Property Settlement Mediation?
When a couple splits, there are several issues that need to be resolved. Prominent among these is how the individual and joint assets and liabilities of the couple will be divided.
Property settlement mediation is where separating couples discuss and resolve this division, reaching an agreement on how it will happen and on what basis. In short, mediation for property settlement is a collaborative alternative to fighting it out through lawyers or the courts.
What Assets Are Covered in Property Settlement Mediation?
All individual and jointly held assets are considered. This includes assets held before the couple came together, as well as assets purchased while in the relationship.
By looking at all assets, the separating couple, with support from the family mediator can ensure a more detailed, thorough view emerges in terms of contributions to the relationship.
How Does Property Settlement Mediation Work in Australia?
Property settlement mediation is, like other forms of family mediation, based on the best interests of the children. Each situation is unique and no two settlements are ever exactly the same. While many people believe that the split is 50/50 this is nothing more than a myth. This belief fails to take into account the contributions to the relationship, the current and future needs of the children, and the notion of equity.
The following is an outline of how property settlement mediation is generally works in Australia.
Step 1: Introductions and Opening Statements
This is where the family mediator sets the scene. They provide and reinforce information about the process and confidentiality, while ensuring a safe, neutral environment for both parties. Both parties then have the opportunity to voice their perspective on what is in dispute, firmly establishing the what and how of the mediation.
Step 2: Information Gathering and Disclosure
The family mediator supports the parties to identify and document all individual and jointly held assets and liabilities. This step is supported by the preparation done by each party. Full disclosure is essential to ensure an accurate figure for the net property pool is arrived at and agreed upon.
Step 3: Assessing Contributions
Here, the family mediator has the parties outline both the financial and non-financial contributions to the relationship. Financial contributions may include wages or salaries, dividends, rental returns, business profits, and inheritances, among many other forms. Non-financial contributions might include home renovations, homemaking, and parenting.
Step 4: Considering Future Needs
The family mediator helps both parties discuss the future needs of the family, especially the children. This may include healthcare, education, hobbies, sports, and everyday living costs. The mediator also considers each person’s income, earning capacity, age, and overall health when exploring possible solutions.
Step 5: Just and Equitable Settlement
The net asset pool has been established, contributions discussed, and future needs identified. It’s at this point that the negotiation and discussion takes place to reach agreement on a fair and reasonable settlement. Once decided, the agreement is drafted and documented for both parties to sign.
Property Settlement Mediation vs Going to Court
At Resolutions Australia we always encourage potential clients to attempt mediation rather than seeking a Family Court hearing. The reasons for this are many and varied including:
| Points of Difference | Property Settlement Mediation | Family Court |
| Cost | Just $800 per client at Resolutions Australia | Many thousands of dollars |
| Timeliness | Resolved within a week or two of the first enquiry | Measured in months, more often years |
| Decision making | The parties make the decisions collaboratively | A judge takes the evidence and decides for you |
| Emotional cost | It is a collaborative effort completed promptly, at a low cost | A ‘battle’ between ‘sides’ that may take years to resolve through decisions made by others, and at a high cost to each party |
Going to court is slow. A single matter can involve a first call, a full hearing, the handing down of orders, and possible appeals, a process measured in months, or more often, years. With mediation, the same issues can be resolved within a week or two of your first enquiry.
Court can also leave you feeling powerless. The judge hears the evidence and makes the final decision you don’t. Property settlement mediation works the other way around. It’s a conversation and a negotiation where you and your former partner make the decisions together, with your children’s best interests at the centre.
At Resolutions Australia, our experience tells us one thing clearly: resolving issues early, at the lowest level of conflict, is healthier and more effective for everyone involved.
How to Prepare for Property Settlement Mediation?
The question of how to prepare for property settlement mediation is an important one, and it comes down to two things: your paperwork and yourself. Here are the top 7 questions on how to get ready for property mediation:
- Gather as much detail of your financial situation as possible, including property valuations or estimates, bank and mortgage statements, business and trust accounts, crypto balances, and more.
- Print out hard copies so the information is immediately available, with no log-ins, screenshots, or files that won’t upload. We also recommend saving everything as PDFs or images and forwarding it to your mediator before the session.
- Consider fair division of assets and liabilities with the children’s best interests in mind.
- Remember that children’s expenses increase with age, and the primary caregiver may need greater financial support for housing, transport, and daily costs.
- Make sure you feel positive and confident. Listen actively, stay flexible, know where you stand on the issues, and leave any emotional baggage at the door.
- Consider framing the mediation as a business meeting. Some clients use short breaks to stay calm and focused; others use affirmations to remind themselves why they’re mediating “for the kids.”
- Get the basics right: a good breakfast, a water bottle, comfortable clothing, and if mediating online a setting where you feel safe and secure.
What Happens After Property Settlement Mediation?
Once your property settlement mediation is complete, you’ll have your agreement in hand and then it’s time to put it to work. This can mean arranging sales, getting legal valuations, transferring funds, contacting different businesses and agencies, changing names on accounts, and keeping the other party in the loop (just as they should with you). Essentially, you’re doing what the agreement says.
You may also consider having the agreement made into a consent order. This means meeting with your lawyer, who can explain the steps and act on your behalf. In effect, it turns the property settlement agreement into an enforceable, legal document.
How Much Does Property Settlement Mediation Cost?
Property settlement mediation expenses at Resolutions Australia costs $800 per party, among the lowest rates of any private provider in Australia. For that flat fee, you receive:
- An introductory call or email to discuss your situation and answer your questions
- A 60-90 minute intake session for each client
- The mediation session itself is a standard 4-hour block, with the option to continue if needed
Government-funded services can be cheaper, but there’s a trade-off. Waiting times are usually months rather than days; you may deal with several different staff members along the way; and your mediator might only receive your file on the day, with little grasp of the details of your situation. Paired with a short 2–3 hour session, that model isn’t ideal for resolving significant property matters.
Resolutions Australia is Australia’s leading online family mediation service, with clear points of difference in cost, timeliness, expertise, and appointment flexibility. Get in touch and start your new normal as soon as possible.
Summary: Why Choose Resolutions Australia for Your Property Settlement Mediation?
Splitting your property doesn’t have to be slow, costly, or stressful. Mediation lets you and your ex agree on a fair split, usually in just a week or two.
Here’s why people choose us for property mediation settlement:
- Just $800 per person, not the thousands a court case can cost.
- Done in days, not years, most settlements are sorted in one 4-hour session.
- You stay in control, you make the decisions, not a judge.
- 100% online mediation from home, anywhere in Australia.
- Less stress, no court battles, no drawn-out fights, just a fair result.
Thousands of dollars saved, months of stress avoided, and a fair outcome for your family. If you’re ready to move forward, get in touch with Resolutions Australia today and start your fresh start.
FAQs
Is property settlement mediation legally binding in Australia?
No, but it can be made legally binding. A mediated agreement is morally binding it relies on both parties acting in good faith and for many clients that works perfectly well. To make it legally enforceable, either party can have their lawyer turn it into a consent order through the Family Court.
Do I need a lawyer for property settlement mediation?
No. No lawyer is required for property and financial mediation, or any type of family mediation. If both parties agree, lawyers are welcome to attend, but only to advise their own client not to take part in the mediation itself.
Can property settlement mediation be done online?
Yes. At Resolutions Australia we’ve facilitated numerous property and financial mediations online. It’s a simple, user-friendly format, and we document the numbers and line items online, live.
What if my ex-partner refuses to attend mediation?
If one party won’t attend, the mediator can issue the attending party a Section 60I certificate noting the other’s refusal. If the matter goes to the Family Court, that certificate may affect the awarding of costs with the judge potentially ordering the absent party to pay the costs of the one who wanted to mediate.
How long does property settlement mediation take?
Most property settlement mediations are resolved within a 4-hour session, though some may take less time and others may require a longer session like 6- 8 hours. The timeframe depends on the parties’ flexibility and the completeness of their financial disclosure.
Can I mediate superannuation splitting?
Yes. Superannuation can be included in property settlement mediation and is often divided as part of the overall asset pool. Any agreed share is usually transferred into the other party’s superannuation account, subject to legal requirements.
