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.