How To Prepare For A Mediation: Tips, Tricks, And More
Most of the time when it comes to legal proceedings, people always assume it’s married
couples who are separated and filing for divorce. But, what if that’s not the case? People in de facto relationships have their own legal process involved during a separation.
If you’re in a de facto relationship, we’re going to help you learn about the important things you should keep in mind when it comes to de facto separations and how mediation works in these matters.
Let’s take a look!
What Is A De Facto Relationship?
A de facto relationship is a partnership between two parties who are both not married to each other, not blood-related and are living together. It is as close to what it is like to have an actual marriage – just without the ceremony and documentation.
If you live in Australia (except Western Australia), your entitlements are based on the Family Law Act. Legal standing would happen after two years of the relationship and 3 months after living together.
How Does Mediation Work In A De Facto Relationship?
When it comes to de facto couples, they are provided with identical legal rights as couples who are married especially in terms of property division. It is therefore important to evaluate all your assets such as their finances. Depending on your particular case, this will determine your situation. For instance, if the couple owns their business or has several properties this should be kept in mind too. Therefore, you should get the assistance of an accountant in order to properly divide and organise the finances.
Mediation can be performed in a separated de facto relationship under the Separation Agreement which is otherwise known as the Binding Financial Agreement. This agreement helps determine how both parties will agree to split up their property and liabilities. Using mediators as the third party can help the two parties come to a final decision.
Does Mediation Assist With Parenting & Child Support?
When it comes to child support and parenting matters, the same rules apply just to a married couple who has split. They are not specific on if the child or siblings are born internally or externally of the de facto relationships. Based on the Family Law Act, the same rules apply to all children. Under Australian law, this includes children from a previous relationship or children from a de facto relationship, whether or not they are blood-related or adopted. The most important thing when it comes to making parenting responsibility decisions will be based on prioritising the best interests of the child. Through these mediation sessions, you will be able to reach a solid parenting arrangement between both parties.
What Are The Benefits?
Mediation prevents you from having to spend more time and money going to court. It’s a quick and simple solution, that’ll allow both parties to offer their perspective in order to find common ground, allowing both to properly split their assets and other responsibilities.
As a result, you can be sure that both parties will receive a fair outcome as well as if there are any children involved. Mediation can be a great solution to de facto relationships, to ensure that they will be able to discuss every factor from parenting arrangements to property division, for a better end result.
It’s important for those in de facto relationships to know how the separation process works. As you can see, there are many benefits that come with undergoing mediation for your personal matter. For a quick, easy, and fair final outcome for both parties, mediations are ideal. Through this article, we can hopefully help clear the gaps when it comes to the legalities involved.
If you have more questions regarding mediation, you can get in touch with our staff to help you craft a good strategy for your case. You can speak to our team via our website, online, or via email, depending on your personal preference. You won’t have to feel lost anymore when you’ve got the experts on your side!