Family law · Inner West & Sydney

Property settlement mediation in Sydney

Mediation can help you and your former partner agree on how to divide your property and debts without a judge deciding for you. We advise you through the process, then help make the agreement legally binding.

Make an enquiry Call (02) 9557 9000

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Family law services

Property settlement mediation

Settling property by agreement after separation

Mediation can help you and your former partner settle your property matters without a judge deciding for you. We advise you through the process and then help make the agreement legally binding, usually without going to court. From our Marrickville office, we explain each step in plain terms, so you understand your rights and options before you agree to anything.

What is property settlement mediation?

Property settlement mediation is usually a confidential process where separating couples negotiate the division of their assets and liabilities with the help of an independent third party, such as a qualified mediator or a family dispute resolution practitioner. Unlike a judge, the mediator does not impose a decision. They help you both explore options and reach agreement.

An agreement reached at mediation is not legally binding on its own. It needs to be formalised, usually as consent orders or a binding financial agreement.

Mediation can help you

avoid court delays and reduce legal costs
keep control over the outcome
reach practical solutions that suit your situation
reduce stress and conflict.

Who it may suit

Who mediation may suit

If you want a faster, more respectful way to divide assets after separation, mediation may be the right path for you.

Divorcing couples
You want to divide property and finances without asking a judge to decide.
Separating de facto partners
Including same-sex couples, with property, savings or debts to divide.
Couples with joint property or a business
You share a home, investments, business interests or debts.
Parents who want to keep goodwill
You will keep co-parenting and want to reduce conflict.
Couples who mostly agree
You have agreed on most things and need help with the rest.
People worried about cost and delay
You want to avoid the time and expense of a court case where you can.

What it covers

What can be resolved in mediation

We can help you negotiate the property and financial matters arising from your separation, including:

the family home
superannuation splits
investment properties
business ownership and interests
vehicles and personal property
debts and liabilities
inheritances and financial contributions

We help you identify everything that needs to be dealt with and advise you on whether a proposed agreement is fair to you.

When mediation may not be suitable

Mediation suits many people, but not every situation. It may not be appropriate if:

there has been family violence, or there is a risk of it
one person is unwilling to take part or negotiate
one person is hiding assets or not being truthful.

In these situations, we can help with court proceedings, gathering financial evidence and applying for urgent property orders where necessary.

How it works

How the mediation process works

We act for you, not as the mediator. This is the usual path.

Step 1: Initial consultation
We assess your situation, advise you on your legal rights and talk about whether mediation is appropriate for you. Before work begins, you receive a written estimate of costs.
Step 2: Information gathering
We help you exchange financial information and documents with your former partner, so that you both have a complete picture of the assets and debts to be divided (the property pool).
Step 3: Mediation sessions
A neutral mediator runs a structured discussion to help you both explain your interests and negotiate terms. We prepare you and advise you during the process.
Step 4: Reaching agreement
Once you both agree, we help formalise the terms as a binding financial agreement or apply for consent orders through the Federal Circuit and Family Court of Australia.

Before applying to the Court for property orders, you are generally expected to try to resolve the dispute first, for example through mediation, unless an exemption applies (such as family violence or urgency).

Comparing your options

Mediation compared with going to court

Here is how mediation usually compares with going to court.

Benefit	Mediation	Court
Time	Often quicker	Often time-consuming
Cost	Usually lower	Usually higher legal and court fees
Control	You both decide	A judge decides
Privacy	Usually confidential	Heard in open court; publicly identifying the parties is restricted
Stress	Less adversarial	More conflict-driven

Mediation will not suit every situation, and it only works if you both reach agreement. Where it is safe and suitable, it gives each of you a say in the outcome instead of leaving the decision to a judge.

Making it final

Is mediation legally binding?

Mediation itself does not create a binding decision, but the outcome can become legally enforceable. We can help you:

draft a binding financial agreement (BFA), or
apply to the Court for consent orders.

Either way, the agreement becomes legally binding. A court can set it aside only in limited circumstances, for example if it was obtained by fraud or one of you did not disclose something important.

Time limits for property settlement in NSW

There are time limits for applying to the Court for property orders, including consent orders:

Divorced couples: within 12 months of the divorce becoming final
De facto couples: within 2 years of separation

Once a time limit has passed, you can apply only if you both agree or with the Court’s permission, which is not always given. If a time limit is close or has passed, please call us on (02) 9557 9000.

Before mediation

What to start gathering

Mediation goes more smoothly when you both have a full picture of the finances. Bring what you can to our first meeting; we will tell you what else is needed.

Key datesWhen you started living together, married (if you did), separated and, if relevant, when your divorce took effect.
A list of what you each own and oweProperty, bank accounts, shares, vehicles, any business and any loans.
Recent superannuation statementsThe latest statement for each fund.
Tax returns, payslips and loan statementsYour most recent ones.
Any written agreement or court ordersIncluding anything you have received from your former partner or the Court.
What matters most to youWrite down your priorities and questions before the first session.

Working with us

How we can help before and after mediation

Even if you hope to resolve everything without going to court, it helps to get legal advice before you agree to anything. We can help with:

advice before mediation
reviewing and preparing documents
consent orders and binding financial agreements
court proceedings in the Federal Circuit and Family Court of Australia, if mediation does not resolve matters.

We aim to resolve your matter fairly and efficiently, with as little stress as possible.

Costs

Before work begins, we give you a written estimate of costs, and we tell you if that estimate changes.

Questions

Common questions about mediation

Do I need a lawyer if I’m doing mediation?

It is not compulsory, but it is a good idea. A mediator is impartial and does not give either of you legal advice, so independent legal advice helps you understand your rights and check whether the outcome is fair. If you make a binding financial agreement, each of you generally must get independent legal advice before signing it.

How long does mediation take?

Some cases are resolved in one session. Others need several. How long it takes depends on how complex your finances are, how quickly financial information is exchanged and how close you are to agreement.

Can I refuse mediation?

No one can be made to agree at mediation. However, before applying to the Court for property orders, you are generally expected to try to resolve the dispute first, for example through mediation, unless an exemption applies (such as family violence or urgency). The Court can also order you to attend family dispute resolution. In parenting matters, family dispute resolution is usually required before you can apply.

Is what we say at mediation confidential?

Mediation is usually a confidential process, but there are legal exceptions, and a private mediation also depends on the mediation agreement you sign. We can explain how this applies to you.

Property settlement
Dividing property, debts and superannuation, and making it final.
Divorce and separation
Applying for divorce and what needs to be sorted out after separation.
Binding financial agreements
Agreements made before, during or after a relationship.
Court help with property
When a property dispute cannot be resolved by agreement.
Parenting mediation
Working towards an agreement about the children.
Family law overview
How family law works after separation.

Make an enquiry

Talk to us about your property settlement

Tell us briefly what is happening and how we can help. A short outline is enough; please don’t include confidential details yet. We check that we can act for you before we discuss your matter.

If, for your safety, we should contact you only in a certain way or at a certain time, please say so in your message.

Call (02) 9557 9000

If your matter is urgent, please call us. If you are in immediate danger, call 000.

Send an enquiry

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What happens next

We review your enquiry and check that we can act for you.
We contact you to discuss next steps, availability and fees.
Before any work begins, you receive a written estimate of costs.

Our office

Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204

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Opening hours

Monday to Friday: 9:00am to 5:00pm

Getting here

You can drive up to Level 3, and two hours’ free parking is available at the Wicks Place car park, 186 Victoria Road.

Property settlement mediation in Sydney

Settling property by agreement after separation

What is property settlement mediation?

Mediation can help you

Who mediation may suit

Divorcing couples

Separating de facto partners

Couples with joint property or a business

Parents who want to keep goodwill

Couples who mostly agree

People worried about cost and delay

What can be resolved in mediation

When mediation may not be suitable

How the mediation process works

Step 1: Initial consultation

Step 2: Information gathering

Step 3: Mediation sessions

Step 4: Reaching agreement