Frequently asked Questions
Our team will assist you if you’re in the middle of a separation and require support.
My partner will not consider this type of mediation, what can I do?
To make this work we need both parties willing and on-board. We would be happy to speak with your partner if they make direct contact with us. It's normal for one or even both parties to have resistance to a new way of separating.
Encourage your partner to at least call for a free no obligation friendly chat.
What if my partner wants to use their own lawyer.
Conscious separation is focused on providing a mediation service, which supports both parties. Whilst we have no objection to people having access to their own independent legal advice, In fact we welcome each party receiving any independent advice they feel they need. Conscious Separation works directly with the parties and does not act as a mediator between lawyers. We are happy to discuss any issue you may wish us to with a lawyer outside of a mediation. Our experience has been when both parties are committed to working together to find an outcome what they really need is guidance and support, not separate legal representation at the table.
If that is what you feel you need, we would recommend you taking that route.
We seem so far apart in terms of our desired outcomes, that I don't think we will ever agree, how can Conscious Separation help us.
Here at Conscious Separation we have had huge success in setting realistic expectations for both parties through our unbiased and expert guidance. Once those expectations are understood, we feel confident that through skilled mediation, that agreement can be reached. This does, however require parties to be prepared to be flexible and understanding of all points of view. We will enable those difficult discussions to be held in a safe environment.
This is often the key to finding agreement.
Is it better for us to work separately or together with Conscious Separation.
It is our experience that when couples work together to enable each of them to be heard and seen a mutually agreeable outcome can be achieved.
We do however appreciate that in some circumstances it is better that parties move through this mediation process separately and we can provide the support to enable this to happen.
Do we need to be divorced before we can do a financial separation.
No you do not need to be divorced before you can do a financial separation. The Family Law Act states that any court application for financial separation should be made within 12 months of a divorce being granted, or in the case of a de facto relationship within two years of the separation of that relationship. There are exceptions to this that are possible.
A Binding Financial Agreement outside the courts can be reached outside these timelines.
Is it true that all assets should be split down the middle in doing a financial settlement.
In coming to a financial settlement there are many factors which will be taken into account in determining what the appropriate outcome should be.
These include things such as, the length of the relationship, the assets owned at the beginning of that relationship by each party, the financial and non-financial contribution of each of the parties, the earning capacity of each of the parties, the future needs of each party, and many other factors.
Does child-support form part of the financial settlement.
Child support is generally considered outside the scope of a financial settlement, and is in addition to what may be payable from a financial settlement perspective. Child support is generally determined based on custody arrangements and the incomes of both parties.
The easiest way to determine potential liability for child support is to contact the Child Support Agency.
How much is it likely to cost to use the services of Conscious Separation.
Prior to commencing work with you, we would make a quick assessment of your circumstances and provide you with an estimate of our fees to get you to a mutually agreed outcome. This can be done as either a fixed fee or a stepped approach for the various stages. We will keep you appraised at all times of process, so you do not end up with any surprises. One thing is certain, and that is that by using us, you will save many thousands and possibly tens of thousands of dollars from going down the traditional separate legal and possibly litigious path.
We are also able to provide support to document the agreement and undertake other practical requirements that may be necessary in order to implement the agreements. These costs would be clearly set out prior to being incurred.
How do we obtain a legally binding agreements?
There are a number of ways to obtain legally binding agreements, including obtaining Consent Orders from the Court, or entering into your own Binding Agreements. For the latter, it is necessary to obtain independent legal advice certificates.
We can support you create a draft agreement, and than assist in arranging indepedant advice certificates.
How can I feel assured there is no conflict of Interest?
Conscious Separation primarily focuses on providing mediation support and guidance to assist both of you find a just and equitable outcome. You are welcome to have in the background independent legal advice to ensure you feel educated around your legal rights and obligations. If at any time you feel that the support you are receiving is biased or in conflict you are encouraged to raise that, and if necessary discontinue any further services at which stage we would require a refund of any unutilised services.
You sense of unbiased support is our primary concern.
Get in touch
If you want to schedule an appointment with our team, please fill out the form below and we’ll be in touch shortly.
We support you in following the path to separation in the spirit of personal empowerment, integrity, cooperation, and empathy.
