When a marriage or de facto relationship ends in Australia one of the most important and often most stressful tasks is deciding how to divide up your property. Known as a property settlement, this process can be complex — but it doesn’t need to be combative or dragged through the courts. You don’t need to spend thousands fighting your way through the legal process.

With the help of an accredited family mediator like Ian Shann from Move On Mediation in Perth, couples can resolve their property issues through property settlement mediation – a much quicker, affordable and amicable process than spending years in the Family Court.

What Is Property Settlement Mediation?

What Is Property Settlement?

Property settlement refers to the distribution of your assets and liabilities following the breakdown of a marriage or de facto relationship. This can include the family home, investment properties, vehicles, superannuation, business interests, savings and your debts.

Under Australian family law, both parties are entitled to a fair and equitable division of property — but that doesn’t always mean a straight down the middle 50/50 split. Instead, the law considers various factors including your contributions, (financial and non-financial) and considers your future needs.

What’s The Difference Between Divorcing And Property Settlement?

Divorce and property settlement are completely separate legal processes.

Divorce is the formal end of a marriage and can be applied for 12 months after separation.

Property settlement, on the other hand, is the process of dividing assets and financial responsibilities and it can be done either before or after a divorce has been finalised.

However, there are important time limits: married couples have 12 months from the date of divorce to finalise their property settlement, and de facto couples have 2 years from the date of separation.

How Does The Property Settlement Process Work?

A property settlement typically involves the following steps:

1. Identify and value the assets and liabilities of both parties (including any asset or liability to or for which a party is entitled or liable);
2. Assess each party’s contributions to the relationship — financial and non-financial;
3. Consider future needs, such as earning capacity, care of children, age and health;
4. Determine whether the proposed split is a just and equitable division of property.

This can be done through negotiation, mediation, or — if agreement can’t be reached — court proceedings. Mediation may be the preferred starting point.

What Are The Benefits Of Mediation For Property Settlement?

Mediation offers several key advantages over going to court:

• Cost-effective: Legal fees and court costs can quickly add up. Mediation is far less expensive.
• Faster resolution: Court proceedings can take months or even years. Mediation may help couples reach agreement in a matter of weeks.
• Less stressful: Mediation is a cooperative process designed to reduce conflict, not escalate it.
• Confidential: Mediation is private, whereas court cases may become a matter of public record.
• Flexible and tailored outcomes: Mediation allows for creative solutions that suit the unique needs of both parties and their children – rather than an inflexible  decision imposed by a third party.

At Move On Mediation, Ian Shann brings decades of experience in family law and family dispute resolution to help separated couples navigate this process with minimal conflict and maximum efficiency.

What Will Happen At A Property Settlement Mediation Session?

A typical property mediation session involves:

• An initial intake session: Each party speaks confidentially with Ian to explain their situation and concerns.
• The joint mediation session: Ian facilitates the conversation, helps identify key issues and works with both parties to explore options and reach a practical agreement.
• Documentation of agreement: If an agreement is reached, it will be documented and prepared for formalisation through Consent Orders which parties file in the Family Court.

The mediation process is non-adversarial and designed to keep communication respectful and focused on finding solutions.

Do We Need To Still Go To Court For Property Settlement After Mediation?

If you and your former partner reach an agreement during mediation, you can avoid going to court altogether. The agreement can be made legally binding and enforceable byapplying for Consent Orders through the Family Court of Western Australia.

In quite rare circumstances the parties might seek to have their agreement finalised by Binding Financial Agreement which would require independent and certified legal advice. 

Either option ensures the agreements are legally enforceable and binding, giving both parties peace of mind moving forward.

Ready To Move On?

Property settlement doesn’t have to be a drawn-out, expensive or stressful battle.

With the right support and expert guidance, it’s possible to reach a fair and practical outcome — without setting foot in a courtroom.

If you’re separating or divorcing in Western Australia and want to resolve your property matters quickly and cost-effectively, book a family dispute resolution session with Ian Shann at Move On Mediation today. Get in touch with Ian now.