Family Law: Property Mediation

Family Law: Property Mediation

Mediation Preparation Sessions: Property 

At Coastal Lawyers, we are team mediation! We love it!

 Mediation can save clients’ money, years of heart ache and stress and can really help preserve co-parenting relationships so that parents can get back to their important role of guiding little humans on their life’s journey.

 But like anything, you get what you put in.

 That’s why preparation for your mediation is crucial to your success.

 This is why we developed our mediation preparation sessions.

 During our 90-minute session (which can be done via zoom or face to face at our boutique offices at Gosford), we will prepare you for your upcoming property mediation including:

Mindset:

The first step to a successful mediation is having the right mindset.

We will explain to you:

  • How a mediation works.
  • What to expect at a mediation and
  • The link between positive communication and positive mediation outcomes.
  • How best to negotiate with your former partner and advocate for yourself.

The Law:

Knowing the law is powerful. When you know where you stand legally; you then understand if what you are asking for is reasonable or not.

We will explain to you in plain English what your pre- action procedure rights and responsibilities are in respect of disclosure.

We will explain to you the four-step approach to property settlement including how contributions are dealt with both financially and non-financial, add backs and future needs.

 

Your Balance Sheet:

After completing our detailed questionnaire, we will assist you to come up with a balance sheet that reflects your assets, liabilities, superannuation and add backs that you have a physical document you can take to mediation with you.

 

Your Disclosure Obligations:

We will explain to you your (and your partners) disclosure obligations under the Family Law Act 1975 so you understand what financial information you have an obligation to disclose and what rights you have to request financial information from your former spouse.

 

Your Opening Statement:

We will assist you with tips and tricks on how best to prepare your opening statement and how to best advocate on your behalf at your mediation.

 

How much does it cost?

Our property mediation preparation sessions cost $440. You can pay via credit card or direct deposit in advance of your meeting.

 

How long does the session go for? 

Our property mediation preparation sessions go for 90 minutes.

 

How can the property mediation preparation sessions be undertaken?

These sessions are best done face to face at our Gosford Offices, otherwise we can also facilitate by way of zoom.

 

How to book?

You can simply book online below or you can give our office a call on 1300 271 289.

 

Legally Assisted Mediation:

It is important that you go into mediation feeling that there is a level playing field. If you don’t feel confident that you can advocate on your behalf or are worried about feeling pressured into reaching an agreement that is not in your best interests, legally assisted mediation may be more appropriate to you. Legally assisted mediation is done through a private mediator where both parties are also entitled to bring their lawyers to help assist them navigate the process.

In our experience, legally assisted mediation is often much more successful, largely since those who attend legally assisted mediation tend to be better prepared as to how the law is application to their case. They tend to have more realistic expectations as to what a just and equitable outcome in. Our lawyers have attended countless mediations, so we have the tools to be able to negotiate and remain emotionally detached from any outcome, which can often understandably be extremely difficulty for the parties to the marriage.

At Coastal Lawyers we offer fixed fee’s for legally assisted mediation. This process starts with a 1-hour Strategy Session for $330. Following our Strategy Session and understanding your unique situation, we provide you with a fixed fee scope.

WHO ARE COASTAL LAWYERS? 

Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance. 

Written by Kristal

Written by Kristal

Principal Lawyer & Founder of Coastal Lawyers

Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).

Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence. 

Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu". 

 

Coastal Lawyers- Blog

Interested to learn more about family law? Read our earlier blog posts below. 

Getting Your Documents Certified

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5 ways to survive divorce

5 ways to survive divorce

There is a reason they write so many love songs about break ups. They absolutely suck. But being family lawyers we also see so many wonderful clients thrive after separation.

Our 5 bigs observations from clients who don’t just survive divorce but thrive are:

They have Besties

Having a good support system that you can call or hang out with on those tough days is invaluable.

They make time for their physical health

A regular exercise routine, even if it’s just a regular walk after school drop off or in your lunch break is great for your mind, body and spirit.

They prioritise their emotional health

Looking after your mental and emotional health is crucial.

Finding someone you connect with to help you navigate the emotions that naturally flow from a breakup is critical.

Whether it’s traditional therapy or alternative therapy like reiki, find the combination that works for you.

They engage in legal advice and create a plan

Early legal advice is often crucial to your success.

This is why at Coastal Lawyers we offer an obligation free Strategy Session for $330, so you can get answers to all those legal questions you naturally have after separation.

Seeing a lawyer shouldn’t be scary, it’s just part of your separation toolkit.

Many clients come to us before separation, after separation and then many months later when they need help documenting their agreements or where negotiations may have failed and they need a hand.

They have a positive mindset

There will be days or weeks that feel heavy and hard but a positive mindset and embracing a growth mindset will win every day and keep you focused on the exciting new future that awaits you.

Because there are no accidents in life and these are all learnings.

Book in a free 15 minute discovery call online now

Family Law: Separation Checklist

Family Law: Separation Checklist

If you are going through a separation then these are our top 5 tips

  1. Obviously break ups suck that’s why there are so many songs written about them. Eat all the foods. Cry all the tears and drink all the wine in those first few days. Call those besties in your life for support or if you are really struggling then engaging with a counsellor or psychologist is an amazing act of self care.
  2. Update all your passwords and logins. It’s not unusual in a relationship to know your partners logins or to share location services. But changing those things is a great boundary to put in place and will prevent any potential financial issues down the track.
  3. Under the Family Law Act you will have an obligation of disclosure so it’s best to start collating all your financial information including payslips, tax returns, bank statements for the past 12 months, credit card debts etc.
  4. Write down what you brought into your relationship and what you contributed during the relationship. Consider your financial and non financial contributions. (Yes staying at home with those beautiful babies is a contribution to be reflected in your property settlement).
  5. Book in a 1 hour Strategy Session with Coastal Lawyers. Many of our clients book these sessions in before they are going to seperate or once they are newly separated so they can find out their legal rights and responsibilities when it comes to parenting, property and divorce.

How do you apply for a Divorce?

How do you apply for a Divorce?

Overview:  How do I get a Divorce?

Divorce is not about Property Settlement. 

Divorce is not about Parenting. 

Divorce is about the legal dissolution of a marriage (very unromantic compared to the wedding event which creates a marriage). 

Divorce is very much an administrative process in the eyes of the law (although it sure doesn’t feel like it for anyone living it). 

The Law:

The process for obtaining a divorce is governed by legislation (the law). Including:

  1. Part VI of the Family Law Act 1975 (Cth) (The Act) and;
  1. The Family Court and Federal Circuit Court Rules 2021 (The Rules) and;
  1. Practical Guidance is also provided by the Central Practice Direction and Practice Direction ‘Divorce Proceedings (FAM-DIVORCE).

When can you file for divorce?

Either party to a marriage can file for divorce once the jurisdictional question in section 39[1] and the legislative test in section 48 have been met.

What are the reasons for a divorce in Australia?

Australia has a no-fault divorce concept.

This means that if someone has an affair or one party is at fault for the breakdown of the relationship, this is not relevant to the question of whether a divorce should be granted.

Separation is defined under section 49 of the Act and makes it clear that “parties to a marriage may be held to be separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties”.

The legal test for a divorce application being brought is set out in Section 48 of the Act. Being:

  1. Has the marriage broken down irretrievably[2]?
  1. The court determines whether a marriage has irretrievably broken down when the parties separated and lived separately and apart for a continuous period of not less than 12 months[3]?

If the court considers that there is a reasonable likelihood of cohabitation being resumed, then the court will not make the order for divorce[4].

Family Law Time Limits:

You only have 12 months[5] from the date of divorce to finalise your property settlement or maintenance request unless you have the consent of the other party or leave of the court. It is crucial that you obtain legal advice in respect of Property Settlement before proceeding with your divorce.

 

Children under the age of 18 years old:

If there are children under the age of 18 years old to your marriage, the court will need to be satisfied that there are suitable care arrangements in place for the ‘care, welfare and development of the children[6].

Do you need help?

If you need help with your application for divorce then Coastal Lawyers can help. We offer a fixed fee divorce process to make the process of getting your divorce, stress free and certain in terms of your legal fees.

 

Book in a free 15 minute call to discuss your divorce today.

 

[1] Section 38 Family Law Act 1975 (Cth) there is jurisdiction if either spouse at the time of filing is an Australian citizen, domiciled or ordinarily resident in Australia.

[2] Section 48(1) Family Law Act 1975 (Cth)

[3] Section 48(2) Family Law Act 1975 (Cth)

[4] Section 48(3) Family Law Act 1975 (Cth)

[5] Section 44(3) Family Law Act 1975 (Cth)

[6] Section 55 Family Law Act 1975 (Cth)

Written by Kristal

Written by Kristal

Principal Lawyer & Founder of Coastal Lawyers

Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).

Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence. 

Fun Fact: Kristal loves all things mindfulness, meditation and “wu wu”. 

 

Disclaimer: Because would we even be lawyers without one? 

  • This article is not legal advice and has been prepared as a resource to assist members of the community and legal profession who wish to have an understanding of a particular area of the law.
  • You should always undertake your own research and/or consult with a lawyer to ensure that the information is up to date and relevant to your case.  
  • In addition, the blog post refers to the law as current at a particular date. The law is changing regularly and accordingly, you should always refer to the legislation applicable at the time . 
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Free 15 minute discovery Call!

If you are still not sure then book in a free 15 minute chat with our office to find out how we can assist.  

5 Facts about Coastal Lawyers

5 Facts about Coastal Lawyers

Did you know? 5 facts about Coastal Lawyers

1. We have over 50 verified client reviews? Head over to our website to check them out.

2. We practice in all areas of criminal law, family law and estate planning? Book in a free 15 minute chat online.

3. Coastal Lawyers was founded by a former criminal prosecutor with over a decade experience.

4. Did you know you can book a 1 hour Strategy Session online and pay via credit card for $330? This is perfect for those wanting some initial advice pre or post separation or heading to court.

5. Did you know our office looks more like a day spa than a traditional lawyers office.

Bonus Fun Fact for making it to the end: Between us we have worked at McDonald’s, in the Police, at Target, in child care, as a beautician, as a barista and as a wedding stylist. We are a multi-skilled bunch. .
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Book in a free 15 minute chat with a lawyer today. Find out how we can help and what our likely costs are.