Navigating Separation with Bayside Mediation: Prioritising Children’s Safety, Health, and Prosperity
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.
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.
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 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.
Financial settlements should be made legally binding through Consent Orders or Binding Financial Agreements to safeguard from future claims.
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.
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.