QLD Divorce without mediation

[Miss C]

I know this is a simple question but can you get the divorce and do family mediation after or do you need to do mediation first? We pretty much agree on the care of the kids so is mediation necessary?

 

[sammy01]

its not. The only reason to get anything done with solicitors is if there are complexities. Stuff like superannuation split requires legal documents. If you guys don't have huge amounts of assets OR you can agree on how they are to be split, then great. You can still get consent orders written up which has some benefits. WHY? Well you're getting on - Good. But what if there is an argument? Look you can have a parenting plan written up about the kids and that doesn't require mediation. Just an agreement. Not worth much if there was a dispute down the track, but not worthless either.

So yep - wait 12 months, then file for divorce. Nice easy. Wish more folk could keep it that simple.

 

[shallice]

If there are children involved, mediation has to be undertaken before applying for a parenting order. However, if you can come to agreement on the children, mediation is not necessary. If there is property, go and get some free legal advice from a community legal service. You can come to your own agreement, but if there aren't orders, and for example, after you have agreed on the property split, one party then gets an inheritance within 12 months from the divorce, the other party can then attempt to get a portion of that inheritance. A good online cost effective mediation practice is Aid Resolutions.