LGBTQ+ Divorce + Separation
After years of sustained campaigning, on 09 December 2017, same-sex marriage was legalised in Australia.
In addition to marriage, LGBTQ+ couples were also granted the same divorce rights as heterosexual couples, which means we are also equals in the sometimes messy and complex area of separation and divorce.
As mediators who Identify as LGBTQ+, we understand that ‘traditional’ hetero family roles defined by society often don’t apply to the dynamics of LGBTQ+ relationships. Many of the issues discussed in LGBTQ+ mediation can be unique. We provide a safe space for separating LGBTQ+ couples to discuss issues between them with honesty and candour, without fear of judgement or a lack of understanding and respect.
Through our mediation process, we guide couples through a collaborative separation process, where we aim to resolve all legal and financial issues relating to the separation or divorce, without having to go to court. We offer a safe, supportive and collaborative environment where we work with both parties to reach a mutual agreement with workable outcomes for moving forward into the future. The mediation process is a pragmatic and constructive approach to separation that costs a fraction of going to court. The process is structured so you and your former partner are active participants in deciding the outcome, rather than handing all decision-making powers to a judge.
We fought hard for the right to marry, and with it, the right to separate and divorce with dignity and respect. We’re here to help you do exactly that.
Property Settlement
If you and your partner, husband or wife, separate, one of the more difficult tasks you will have to consider is how to divide the property that you own. Separation and divorce settlement mediation relates primarily to parties (couples) deciding and agreeing on the division of assets after separation, including property, vehicles, pets and outstanding debt. The key issues usually centre on who gets what, when they receive it and how this split is implemented – what, when and how.
At Fresh Start, we understand that protracted legal disputes are costly and drawn-out, and can ultimately lead to a reduction of the shared property pool. To avoid this outcome, we work with parties at mediation with the shared goal of coming to a mutual agreement regarding the division of property between them, saving time and costs associated with ongoing legal fees and the lengthy court process.
An accredited mediator will work with you and your former partner through the following process
- Identify and value assets
- Assess contributions made by the parties (direct and indirect)
- Assess future needs
The goal of the mediation is for the parties to come to an agreement on how to divide their assets and property between them, in a way that is holistically fair so each person can move on with their life.
Benefits of mediation vs court
Fast + efficient
Mediation usually takes between a half and full day, which is much faster and more efficient than going through the court system.
Confidentiality
Mediation is a confidential process held in a private setting. Matters heard and decided in court are generally reported and remain on the public record.
Informal + Flexible
Mediation is an informal process where the mediator acts as a supportive and neutral presence for both parties. Courts are formal, intimidating and the process can be difficult to follow.
Cost-effective
Mediation costs significantly less than going through the court system and prevents parties from spending thousands of dollars on legal fees.
Control
Mediation allows parties in dispute to participate directly in the process of reaching agreement giving parties more control over the outcome. In court, the outcome is decided by the judge.
Promotes communication
Mediation promotes direct communication between the parties, helping them work together towards an agreement. In court, each party faces off against the other in an adversarial and combative environment.
Face to Face Mediation + Online Mediation
At Fresh Start mediation we offer face to face mediation or online mediation.
We assist parties to resolve disputes in an environment that is informal, neutral and fair, so that agreements reached are durable and long-lasting, offering parties peace of mind to move forward into the future.
Learn More
Online mediation offers a practical and accessible alternative to face to face mediation for parties who do not reside in the same location or do not wish to be in the same room for their mediation.
Learn MoreGetting started with an intake session
The mediation process begins with an intake session, which occurs on a separate day prior to the mediation.
The pre-mediation intake session is a separate and confidential meeting between the mediator and each individual party. It can happen over the phone, online or as an in-person meeting. Each party must go through the intake session individually before we can proceed to the mediation.
The purpose of this first step is for the mediator to understand the circumstances of your situation and dispute – what brought you to mediation, what you hope to achieve from mediation and anything else we may need to know about you and your situation that could impact the mediation. For example, whether you feel comfortable being in the same room as the other party, or whether you prefer online mediation. The more we know about your situation, the better placed we are to facilitate the mediation successfully.
The intake session also gives us a chance to go through each phase of the mediation process with you, ensuring you understand exactly what to expect on the day.
The intake session also gives the mediator the chance to assess whether your dispute is appropriate for mediation. Instances where mediation may not be an alternative to the courts would be in the case where there is a serious safety concern via an emotional, physical or psychological threat to one of the parties, or if one party flatly refuses to participate.
As a starting point, we encourage you to give us a call and have an obligation-free chat about mediation and how it may be suited to your situation.
Start the mediation process by booking your intake meeting HERE
Give Fresh Start a call for an obligation-free discussion
At Fresh Start Mediation we understand you will probably have some questions. Fill in your details HERE and one of our team will give you a call, otherwise you are welcome to call us.
Fresh Start Mediation services the whole of Australia, offering face to face and online mediation options.
