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Why You Should Seek Divorce Mediation

by William Gist

Getting a divorce or being separated can be a bad financial decision. In cases where separation occurs after a few years, even decades, joint assets can build up and splitting assets can leave you in a tricky situation. It is for this reason and a sleuth of others, that you should acquire divorce mediation.

As complicated as relationships can be when separation occurs, it can be even more complex. For example, in Australia, marriage splits are not legalised until it has been approved within the Australian legal system. Fortunately, the law established and practices a no-fault separation policy with neither party responsible. But simple parting grounds do need to be outlined too. This will eliminate any further conflict.

Prior to these adjusted changes in 1975, it required proving to disciplinaries either a total breakdown of the marriage with a twelve-month separation period. While this principle is easily understood, contractual fault elements may apply to issues of child custody or property settlement, something not easily navigated without divorce mediation.


Australians refer to divorce simply as the termination of marriage. Since December 2017, Australia has updated the definition of marriage to include same-sex partners. And hence, divorce mediation could also include the end of such joint unions.

In other cases where individuals are engaged in a de-facto relationship, these circumstances are not legally identified so no legal ramifications are associated should a new relationship with another person begin. To clarify, de-facto relationships constitute any situation where a couple, of any combination of male or female genders, maybe living together but are not legally married.

Once a joint union has been made with legal marriage, a marriage certificate indicates the official date of the start of that relationship. De-facto relationships are not privy to such a clear legal start date.


It is also important to note that divorce mediation varies to that of a divorce lawyer and falls into the family law. These experts are trained to clearly know the issue, then resolve it neutrally. Even with a third party, it is possible for one or more issues to still remain unresolved.

For divorce mediation to begin, you must start by first filing an order for separation. If you prefer, you can choose to hire a lawyer to do this and that may also include handing this paperwork to your spouse.

Unfortunately, many make the mistake of quickly rushing into these proceedings without adequately preparing. It is important to sort your finances and understand the value of each of your assets. Just because you shared a joint union does not mean you need to equally split finances 50/50. If you contributed a large part to the marriage or if any of the assets were pre-marital, then you can decide to retain many of these, while leaving an adequate share for your departing partner.

Whenever disputes occur during divorce mediation, it can stretch and lengthen the process causing greater legal fees. If possible, sorting negotiations before any litigation proceedings will cut down on copious paperwork and delays.

Courts will also advocate the need for divorce mediation before taking proceeding to court as it helps to give each party an opportunity to understand each position ironing out the finer details and establishing expectations – if you are interested to learn more about divorce mediation, click here.


Generally, there is no time limit associated with the separation process. Although marriages under two years will require some sort of counseling, effort or display of attempt to actively demonstrate trying to repair the deteriorating bond.

As much as we have emphasized the financial costs, do not forget about the emotional tolls either. It is ok to require the comfort of others. Support groups exist and can be just as important in recovering as obtaining legal advice or choosing divorce mediation.