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Mediation for Property and Finances in 4 steps - Psychologist, Counselling & Mediation Services » Psychologist, Counselling & Mediation Services

Mediation for Property and Finances in 4 steps

Mediation for Property and Finance

in 4 Steps

Step 1

First, arrange for individual preparation meetings with Rosalin, who will help you to assess whether mediation is the most appropriate process for resolution of your property and financial matters and how to get prepared for the process.

Mediation may not be the best process for you if some of these elements are present:
• It is very soon after separation
• One of you is apprehensive of the other or trust is very low
• There are mental health concerns, or alcohol and drug issues
• One of you believes there is a history of financial malpractice

Step 2

Do your homework.  Get legal advice from a solicitor knowledgeable about Family Law.  Ask for a recommended percentage split between the two of you in terms of a range from 0% to 100%, along with the reasons why the solicitor would argue for a settlement in that range if the matter were to go to court.  Tell the solicitor the whole picture.  Be honest.  Write down what you hear.

Get valuations on assets and assemble documents showing what values there are in bank accounts and superannuation accounts etc.   You will need to come to a mutually agreed value on each asset, including home and business interests.  If you can’t agree, you will need to get valuations and agree on that process and how to pay for it.

List liabilities and assemble documented evidence of those, such as mortgage payout figure.  If the sale of a house is to be considered, get estimates of the cost of sale.

Step 3

Rosalin will ask for your help, at your first joint session, to create an accurate picture on a spreadsheet of your financial situation.  With the information you provide, she will help you to come up with a figure of your net worth as a couple.

With the advice you have been given by your solicitors, you negotiate a fair percentage split of the property pool and decide how debts will be discharged.  Each of you may decide to take part of your percentage in goods such as a vehicle, a business or a piece of property, and some in cash realised from sale of assets.

Rosalin can document what you decide each of you will retain and what will be sold, how you will discharge debt and who will keep locked assets such as superannuation accounts.

Step 4

Take your mediated property agreement document back to your solicitors for final advice about fairness considering all the factors, to ensure in your own mind that you have come within the range suggested and that there are no liabilities or gaps you have overlooked.

Get an application for Consent Orders drawn up and lodged, so that your agreement becomes legally binding.

If you don’t take that final step, you might find in years to come that your property and financial agreement can be re-negotiated.

 

Rosalin can be contacted on 0424 002 640.  After hours and weekend appointments by arrangement if necessary.

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Psychology, Counselling & Mediation Sunshine Coast Ph 0424 002 640

  Rosalin Primrose Horse Therapy
Rosalin Primrose Psychology Services

Rosalin Primrose

MA , Reg Psych, (FDRP)
  • Medicare Provider No: 4197097T
  • Counselling Psychology Reg No: PSY 0000976237
  • Nationally Accredited Mediator & Family Dispute Resolution Practitioner (FDRP)
‘Ocean Central’
Suite 18, Level 4
 
2 Ocean Street
MAROOCHYDORE Q 4558
RosalinPrimrose@gmail.com

Weekend & telephone appointments available by request

Ph: 0424 002 640

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