Property Mediation

Mediation helps you divide your assets & liabilities on separation.

Equitable Asset Division for a Fresh Start

Monarda Mediations’ Property FDR Package provides a structured and supportive approach to resolving property disputes during separation. We start with a one-hour initial session for each party to gather information about assets, liabilities, and superannuation, which is then compiled into a comprehensive spreadsheet for both parties to review.

The package includes a four-hour Family Dispute Resolution (FDR) session conducted via Microsoft Teams (unless otherwise requested), where our experienced mediators guide both parties in negotiating a fair division of the property pool. If an agreement is reached, we prepare a Heads of Agreement at no additional cost. For those seeking to formalise their settlement, we offer legal drafting services for Consent Order applications for an additional fee.

Our goal at Monarda Mediations is to facilitate a smooth and amicable resolution, minimising conflict and ensuring a fair outcome for both parties.

Get in touch to schedule your free 15-minute initial consultation and discuss how we can assist you.

We’ll gather essential information and assess if mediation is the right path for your situation.

We send up to two invitations to the other party, one of which must be sent in writing via post. Once they engage, we’ll also conduct an intake session with them to ensure mediation is appropriate.

Engage in guided discussions to work through your disputes and find a mutual resolution

Once an agreement is reached, we’ll document the terms so you can move forward with clarity.

Our Process

5 Easy Steps to Mediate

Getting started does not have to be daunting. Our straightforward five-step process is designed to be easy to understand, efficient and focused on you and your family’s wellbeing.

No matter where you are located we can travel to you or we can arrange online sessions.

We are here to support you every step of the way and distance does not have to be a reason to put off mediation.

Property mediation fees

FAQs

We’ve compiled answers to your most common questions about our services, the mediation process, and fee details.

The role of the Mediator will help you put your feelings aside and focus on the practicable financial arrangements that need addressing in the short and long term. For example, before reaching an agreement, the Mediator may help you agree on matters such as, who will pay the mortgage. 

The Mediator won’t take sides or provide legal advice but can if appropriate, provide you with legal information which will aid your decision making and help you work out what is achievable.

If agreement cannot be reached, then you are free to start or continue with solicitor led negotiations or with court proceedings. Upon request and at an additional fee, we are able to provide evidence of your attendance so that you are able to proceed to the next step.

Its important to remember that mediation can be attempted again, even if a partial agreement is reached, the number of disputed issues are reduced, saving you time and money in the long run. 

We will provide you with a Heads of Agreement setting out the terms agreed – however, this is not legally binding as we are mediators. We leave the drafting to the lawyers who turn your Heads of Agreement into a Consent Order or Binding Financial Agreement should you so choose to do so. 

Essentially there are three ways in which to record your property agreement: 

Heads of Agreement: You can choose to leave your Heads of Agreement as is, however this is not usually recommended as it is not a legally enforceable document. We will always recommend that you to get legal advice just to be sure.
Consent Orders: A Consent Order is often the preferred method. If the terms of the agreement are just and equitable, the Court is more likely than not to approve the agreement and endorse it as Consent Orders. 
Binding Financial Agreement (BFA): A BFA is an agreement between parties to a marriage or de-facto relationship. It records your agreement detailing the agreed division of assets. Unlike a Consent Order, it is not lodged with the Court for approval. Therefore, even if an agreement is not just or equitable, you can still record your agreement and have finality.

It is important to note that under the Family Law Act 1975 (“the Act”), there are specific requirements to a BFA and you will need to speak to a lawyer before proceeding. BFAs cannot be used to record arrangements for children or child support issues and drafting BFA’s, are complicated, time-consuming and must comply with strict requirements of the Act to be valid. You must also obtain independent legal advice before signing a BFA. 

Property mediation fees

Let’s Talk

Book your free 15 minute consult without obligation.