Family Dispute Resolution (Financial and Property)
Family Dispute Resolution provides an opportunity for people to consider their financial and property settlement, child support and any other financial issues in a manner that is structured, safe and offers fairness for all parties.
We do offer unique packages with our FDR MEDIATION PACKAGE F2F or Video Conferencing for FDR Parenting or Property Settlement. Where appropriate, and accepted by both parties to the mediation, lawyers or other support people required can also attend your session.
Intake and Assessment Session
Each person must attend an Intake and Assessment session prior to any joint session. As such, it is important that you bring the following documents to your Intake and Assessment session where available:
- Any interim or final violence restraining order.
- Any Family Court documents.
- Any appraisals or valuations of assets that may assist in the family dispute resolution.
- Bank Statements.
- Identification (passport/drivers license).
These Documents may include
- Copies of certificates of title for any real estate.
- Statements relating to any mortgage to which only one party has access.
- Car registration papers showing vehicle type and year.
- Bank statements.
- Credit card statements.
- Superannuation statements.
- ASIC company searches.
- Financial documents relating to any company or trust.
- Individual / company latest taxation return as submitted to the ATO.
- Any documents which may reasonably be requested by another party to the negotiations.
- Loan documents.
- Overseas property/income.
- Shares or Investment portfolio(s).
- Inheritance papers/Estate Will.
If the documents are not available, Jo-Anne recommends that the parties bring any relevant documents to the joint session of family dispute resolution.
NOTE. Each party is responsible for the costs of their own session, unless one party pays for the mediation, and the costs are included in the Financial schedule of liabilities to be paid at the end of the process.
Joint Session with Jo-Anne McNamara
A joint session where appropriate is scheduled with Jo-Anne with both parties of family dispute resolution. Generally, this is a 3 hour session. The hours will follow from 8.00am to not later than 5.00 pm.
- The session will continue, unless the session is terminated by either party or by Jo-Anne McNamara on the grounds that it is no longer appropriate.
- Either party can terminate the joint session at any time for any reason.
After hours consultation sessions on weekends are also available. Please advise Jo-Anne at the time of your booking/call. Mobile – 0423 561 736
The Financial and Property Settlement FDR Joint Session aims to address:
- Creating and development of a Schedule of Assets and Liabilities between both parties.
- Facilitate the exchange of disclosure documents by both parties.
- Prepare a consideration by both parties of the financial, non-financial and parenting contributions made by the parties.
- Develop a consideration of each person’s interests and future needs.
- Facilitate the exploration between both parties of the various options available to resolve the dispute.
Both Parties should bring their disclosure documents to the Joint Session. This is for disclosure and consideration where they are invited to discuss any other areas for agreement. Similarly, issues that include, though not limited by children’s issues, child support or moving forward to divorce.
A Separation Agreement needs to be carefully worded, and formatted carefully to fully consider a range of areas. These areas include property, debt, Spousal/Child Maintenance, child support, visitation, insurance, tax and child support issues.
The Separation Agreement, is also known legally as a Financial Agreement, and deals with issues of spousal maintenance and division of property. This Agreement is legally enforceable providing the parties receive independent legal advice and fulfil the signing requirements according to the Family Court .
Jo-Anne at ADRAMS recommends that you enlist the services of a Family Dispute Resolution Practitioner (FDRP). We do this to ensure that your agreement is prepared in the correct manner, and in the format required by the Family Court.
As an FDRP Jo-Anne will advise parties to seek independent legal advice prior to signing any final agreement.
- Either party can draft their separation agreement on their own, with a solicitor or with an experienced Family Dispute Resolution Practitioner (also known as a Family Dispute Resolution Practitioner – FDRP).
Our clients chose ADRAMS Mediation Services to limit ongoing hostilities that are present in such an emotional decision such as divorce. We offer referrals to Legal Practitioners as a commitment of our practice to rules of fairness, non biased and neutral services.
Making your Agreement Legally Binding
Remember, an unsigned agreement reached during mediation is not legally binding. Should you require a legally bind agreement, you will need to seek legal advice.
- Each agreement is unique to the parties circumstances.
- In the agreement, the Family Dispute Resolution Practitioner can assist you both with discussing the more intangible items you and your partner disagree.
- Such areas may include pet visitation, face-book, social media, or any other such issue.
At all times, Jo-Anne encourages both parties to consult with a legal practitioner to receive legal advice as to the moving forward/ consent orders. Legal advice can only be given by a Legal Practitioner. We do have Legal Practitioners to whom we can give a referral should you require same.
ADRAMS FDRP Mediators will ensure parties to the mediation process will:
- Identify and include issues that can need to be addressed.
- We ensure those areas where the parties are not in agreement in the mediation process are excluded as legally required.
- Where agreement to terms by both parties, ADRAMS FDRP mediator can then prepare an agreement.
- Make sure this is in the correct format to satisfy the WA Family Court. This can the be sent to your lawyer for filing.
- Where there are critical issues/potential areas of disagreement between parties, ADRAMS FDRP mediator can also assist both parties to determine their outcomes in a safe, fair manner.
What if Property Settlement Family Dispute Resolution is Unsuccessful?
Family Court of Western Australia issued Case Management Guideline 13.5 indicates that where the parties have already participated in Alternative Dispute Resolution, including but not limited to mediation, the Court may, or may not dispense with the requirement that the parties attend a Conciliation Conference.
The consequences of this can result in reduced Court costs, and legal fees for the parties. We encourage both parties to enlist the help of a qualified Family Dispute Mediator to prepare your separation agreement.
If you would like to book the help and services of an experienced Family Dispute Resolution Practitioner and Mediator registered with the Attorney General’s Department
Phone Jo-Anne on 0423 561 736 or complete an online form.