Mediations Australia

Prenuptial agreements, also known as ‘Binding Financial Agreements’ in Australia, are a delicate and frequently misunderstood topic. Some people mistakenly believe that these types of Financial Agreements indicate that a relationship is in trouble, although this is rarely the case. People get life insurance not because they anticipate dying soon, but because they want to make sure their finances are in order if the worst happens. In the same manner, people construct Wills, etc to ensure things today can be taken care of for tomorrow. Financial agreements that are legally binding are no exception. While these agreements are frequently subject to plenty of media attention usually with people signing prenups to protect their billions, in real life many couples with wide-ranging asset pools consider prenups as an insurance policy if things go wrong. But what you must know is that prenups or their correct legal name, “Binding Financial Agreements (BFA)” are a very useful tool for financia...

 When it comes to separation, some couples seemingly handle even the most difficult issues with ease and calm. Others, not so much. Some find it difficult to agree on anything — especially on how to divide property and assets. If that is the case for you and your partner, property settlement mediation can help. But to make the most of this opportunity, you must be prepared. In this article, we’ll share some tips to help you get ready. The post https://mediationsaustralia.com.au/how-to-prepare-for-a-property-settlement-mediation/ appeared first on . source https://mediationsaustralia.com.au/how-to-prepare-for-a-property-settlement-mediation/

 In the sad event that marriage or de facto relationship comes to an end, one of the most contentious areas when it comes to the disentangling of two lives is the property settlement. In particular, the issue of contributions by each party to the relationship can become a common sticking point in any division of assets and liabilities. Contributions can consist of both financial and non-financial inputs into the former union. The post https://mediationsaustralia.com.au/how-are-contributions-assessed-in-family-law-matters/ appeared first on . source https://mediationsaustralia.com.au/how-are-contributions-assessed-in-family-law-matters/

  Coming to a property settlement that meets the satisfaction of both parties is often the hardest part of a divorce. While it’s a necessary process so that you can both move on with your lives, working out the ‘pool’ of assets that need to be divided can be a complex process. Is it only the assets you bought together? What happens where you held an asset in your name only throughout the period of the relationship? What about any assets accrued after the relationship broke down? The post https://mediationsaustralia.com.au/what-is-included-in-a-matrimonial-property-pool/ appeared first on . source https://mediationsaustralia.com.au/what-is-included-in-a-matrimonial-property-pool/

 Working out what to do with property assets when a couple decides to separate can be a difficult, stressful process. And it’s not made easier by the cost and inevitable delays involved if you need to go to court to have orders made about how everything should be divided. That’s where mediation offers a compelling alternative. This dispute resolution method provides a significantly cheaper, faster and generally less stressful means of resolving a family dispute about property, avoiding the need to go to court. In contrast to the adversarial nature of the court process, mediation emphasises collaboration and cooperation between both parties to reach a resolution you can both live with, and thereby move forward with your lives. The post https://mediationsaustralia.com.au/what-to-expect-at-a-family-law-mediation-for-property-division/ appeared first on . source https://mediationsaustralia.com.au/what-to-expect-at-a-family-law-mediation-for-property-division/

 When a couple separates or divorces, it is usually always required to distribute their assets between them. There is one legal concept that applies to all types of assets, regardless of their value: what is “fair and equitable” under the circumstances. When it comes to protecting more complicated assets, like a business, after a divorce, there are several critical actions you should take. An in-depth look at the process of divorcing your business is provided in this article. But one thing you should have in the back of your mind when ready is that litigation does not need to be your default position. Increasingly, mediation and in particular arbitration are being used to resolve property disputes often regarding businesses. The post https://mediationsaustralia.com.au/what-happens-to-a-business-after-or-during-divorce/ appeared first on . source https://mediationsaustralia.com.au/what-happens-to-a-business-after-or-during-divorce/

In the sad event that a marriage or de facto relationship comes to an end, one of the most contentious areas when it comes to the disentangling of two lives is the property settlement. In particular, the issue of contributions by each party to the relationship can become a common sticking point in any division of assets and liabilities. Contributions can consist of both financial and non-financial inputs into the former union. There is no set formula for assessing these contributions – each case must be assessed on its unique circumstances in order to achieve a just and equitable division of property between the parties. The post How are Contributions Assessed in Family Law Matters appeared first on . source https://mediationsaustralia.com.au/how-are-contributions-assessed-in-family-law-matters-2/

In Australia, how long does it take to get a divorce granted? Many people considering divorce or separation often ponder this very subject, whether it is because they wish to move on with their lives or for any other reason. Among the objectives of this article are to offer a general understanding of the subject of ‘How long does it take to get a divorce in Australia?’, as well as some specifics on matters that are directly linked to the question. At the moment, and generally speaking, it takes a few months to finalise a divorce case in most cases. This timeframe begins with the filing of your initial application with the court and ends with the issuance of a Divorce Order by the court. However, if there are any procedural complications, such as being unable to identify and/or serve your spouse with a copy of the divorce application, the procedure might take much longer to complete than expected. However, this estimate does not include the time required to prepare and file an appli...

A separation agreement is a legally enforceable instrument that formalises the distribution of your assets upon your divorce. Considering that a separation agreement is legally enforceable, each party to such an agreement must carefully analyse their choices and choose whether or not signing a separation agreement is in their best interests before proceeding. What are Separation Agreements and How Do They Work? In the case of a financial separation between two people, such as a divorce, a separation agreement (also known as a “deed of separation” or “property settlement agreement”) serves as a legally binding document that specifies the terms of the financial separation, such as who gets what in the event that the couple, regardless of their married or in a de facto relationship, break-up. Under the Family Law Act, a separation agreement is more correctly referred to as a ‘Binding Financial Agreement,’ sometimes known as a BFA, which is a more formal term. A separation agreement can...

Domestic and family violence is a terrible fact of Australian life, affecting many thousands of people every year. The type of harmful behaviour that can be encompassed by this sort of violence includes physical intimidation of one person by another, including hitting or pushing them, as well as sexual, emotional, psychological and even financial abuse. Controlling or coercing behaviour – restricting who another person communicates with, humiliating and belittling them, and determining how, when and where they spend money are all species of domestic and family violence. Family members to whom this type of order can apply include spouses, siblings, children, parents, grandparents, step-children, relatives and others who are in intimate or family-type relationships. The effects of this sort of behaviour, particularly where children are present and witness it, can harm the family members involved for the rest of their lives. One way police and courts try to both pre-empt and prevent ...

What Exactly Is Surrogacy? A “surrogate” is a person who acts on behalf of another person in order to achieve a desired result; in other words, a “surrogate” is just a substitute. To put it another way, ‘surrogate parenting’ refers to one person, the surrogate, carrying a pregnancy on behalf of another person, often someone who is unable or unwilling to bear the child themselves. Such situations can, of course, emerge naturally, as a consequence of professional concerns, for example, or women might become infertile or at risk of becoming pregnant as a result of a sickness or disease. Surrogacy is often initiated by the insemination of a fertilised egg into a healthy surrogate mother (sometimes referred to as a ‘gestational carrier’). When it comes to medical procedures, this treatment has grown frequent and generally low-risk in recent years. It is unusual for a sexual congress to occur between the gestational carrier and the male father during pregnancy. When both egg and sperm come...

Separating or ending a marriage or de facto relationship can be an incredibly difficult period for all concerned. Though for some, it can be quite the contrary. Wherever you are on the journey, you need to know some legal basics. At Mediations Australia, we’re early-resolution focussed. We believe that family law matters should, unless absolutely necessary, be resolved as quickly as possible, with the least amount of expense.  That’s why we have a team of mediators, family lawyers, and arbitrators to help you resolve your dispute promptly. At this time, there typically is an avalanche of feelings. Emotions may be running high, and the loss that comes with separation can be terrible and difficult to deal with. You may be in shock, denial, anger, depression, or sadness as a result. Or perhaps you’ve reached the point of acceptance and are just looking forwards to moving on with your life. Whatever you’re going through, it’s critical to depend on your friends and family for sup...

Mediation should be a collaborative process in which you and the other parties involved work together to address the issues and come to an agreement that you and your former partner can live with. Like every successful negotiation, there is give and take. If you’re not willing to give a little, your path to a successful mediation with being fraught and you’re likely to litigate to prove your point and it will cost you substantially in more ways than one. What can I expect during mediation? Mediation is generally conducted in a neutral setting. You and your ex-partner will both be asked to attend, along with your lawyers (and without lawyers too), and the mediator will lay certain ‘ground rules’ for the day once everyone is there. These are frequently customised to meet your specific demands and objectives. You and your former partner have complete control over the format of your mediation session. A ‘shuttle procedure’ is frequently employed where your lawyer (if you have one) and ...