Navigating Separation with Bayside Mediation: Prioritising Children’s Safety, Health, and Prosperity
Introduction
Separation is a challenging time, encompassing emotional grief and critical parenting decisions. Making choices in the best interest of the children is of utmost importance, along with negotiating equitable asset division. Working with a mediator from the outset can provide valuable guidance throughout the separation process, ensuring a child-focused approach and fostering amicable resolutions..
Timing and Parenting
Financial Separation: Unlike divorce, financial separation can occur at any time after the decision to separate. Waiting for divorce is unnecessary for handling financial matters.
Parenting Priority:
Children’s well-being must be prioritized. Developing a parenting plan tailored to their needs is essential. Mediators and psychologists can assist in creating effective Parenting Plans.
Agreements vs. Legal Documents:
In most cases, legally binding documents may not be necessary for parenting arrangements. Instead, agreements amongst parents can be updated as children grow and needs change.
Managing Children’s Expenses:
Discuss how to handle children’s expenses, considering the child support calculator as a reference. Negotiating private arrangements may be beneficial.
Child Inclusive Process (CIP):
If needed, consider a mediator offering CIP, where children spend time with a trained psychologist, providing valuable feedback to parents and the mediator.
Financial Settlements – Division of Assets
Negotiating Financial Separation:
Negotiating financial settlements can be done independently, but for legal binding, they must comply with the principles set out in the Family Law Act.
Guiding Principles:
Understand the four guiding principles: Identifying and valuing assets, analysing financial and non-financial contributions, acknowledging each other’s future needs, and developing just and equitable agreements.
Seek Guidance:
Seek guidance from a mediator or solicitor regarding contributions history and future needs.
Uniqueness of Each Case:
Every situation is unique, and comparing with others is not advisable. Seek a personalised solution.
Legal Protection:
Financial settlements should be made legally binding through Consent Orders or Binding Financial Agreements to safeguard from future claims.
Conclusion
The child-focused, amicable, and cost-effective approach for separation is through FDR mediation, supported by psychologists, accountants, and solicitors as needed.
Choose Your Mediator Wisely:
Ensure the mediator is qualified and experienced to guide you through the process, capable of issuing s60I Certificates.
Overcoming Challenges:
Navigating separation may be overwhelming, but with the right knowledge and support, it can lead to growth and a smooth transition to the next chapter.
Bayside Mediation provides compassionate, child-focused support, helping you navigate this challenging time with respect and understanding. Each separation is unique, so seek professional advice tailored to your specific circumstances.
Child-Focused Separation for a Brighter Future
Note: Please remember that this blog post is for informational purposes only and should not be considered legal advice. Seek professional guidance for your specific situation.
