Walk into mediation prepared.
Most property matters settle without a final hearing, and preparation is what tips a mediation your way. Tick off each step as you get it done, and your progress saves privately on this device.
Steps completed
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Work through it in any order, over days or weeks. A little preparation now makes the day itself far easier.
Know your numbers
0 of 3Know your position
0 of 3Practicalities
0 of 4Mindset
0 of 3After mediation
0 of 2Set your range with real numbers.
A realistic range needs a clear picture behind it. Separately walks you through your assets, debts, super and contributions and gives you a calm, private view of your likely property split, so you walk into mediation knowing what fair actually looks like.
See your full picturePreparing for property mediation, explained
The great majority of Australian property matters settle without a final hearing, many of them at or soon after mediation or family dispute resolution (FDR). The court expects separating couples to make a genuine effort to resolve things between themselves before filing, so mediation is rarely a detour. It is usually where the real decisions get made, and preparation is the strongest predictor of a good outcome. People who arrive knowing their numbers and their range negotiate from a far stronger position than people working it out in the room.
Whatever you agree at mediation sits against the same legal framework a court would apply. Under section 79 of the Family Law Act 1975 (Cth) for married couples, and section 90SM for de facto couples, the property pool is identified and valued first, then each person's contributions and future needs are weighed up. Superannuation counts as property and can be divided by a splitting order or a superannuation agreement, so it belongs on your list alongside the house, the accounts and the debts.
An agreement reached at mediation, often written up as a heads of agreement, is generally not binding on its own. To make it enforceable it needs to become consent orders approved by the court, or a binding financial agreement signed with independent legal advice. Formalising has practical advantages too: transfers made under court orders or a financial agreement are generally exempt from transfer (stamp) duty in most states, and a super split can only happen under orders or a superannuation agreement.
Keep the time limits in view as well. De facto couples generally have 2 years from separation to apply for a property settlement, and married couples have 12 months from the date a divorce order takes effect. If mediation succeeds, formalise quickly while goodwill is high. If it does not resolve everything, those deadlines decide how long you have to take the next step.
This is general information, not legal advice. Mediation and FDR processes vary between providers, and a heads of agreement reached at mediation is generally not enforceable until it is formalised as consent orders or a binding financial agreement. Every situation is different. For advice on your circumstances, speak with a qualified Australian family lawyer.
If you are going through a separation, Separately helps you understand your financial position clearly and privately, at your own pace.
Learn how it worksData sources & references
- Family dispute resolution in family law matters: Federal Circuit and Family Court of Australia.
- How family dispute resolution works and where to find a practitioner: Attorney-General's Department.
- How the court alters property interests after a marriage: Family Law Act 1975 (Cth) s 79.
These figures and legal points are general information for context only. They are not advice and not a prediction about any individual situation.