What's the number one mistake people make about financial settlements?
It isn’t that simple. Australian financial settlements involve consideration of the property available, contributions made during the relationship, each person’s circumstances and a range of other factors. The sensible question is usually not “What am I entitled to?” but “What would constitute a reasonable settlement in these circumstances?”
Can't agree? Lawyers aren't necessarily the next step.
You don't have to be friends. You don't have to agree yet. You don't even necessarily have to negotiate directly with each other.
If there's one thing you can agree on — that you'd rather not spend a fortune fighting your financial settlement through lawyers — that may be enough to start.
There are several different ways to break a settlement deadlock. Mediation is one. But it isn't the only one.
At Fair & Reasonable, we offer four quite different ways to help separated couples find a sensible way through — depending on what's actually stopping you from reaching agreement.
You don't need to be “collaborative”. You just need to want this settled.
Different couples get stuck for different reasons.
You might have no idea what a sensible settlement should look like. You might broadly agree on the outcome but can't make the details work. You might have exchanged proposals and be frustratingly close. Or perhaps direct negotiation between you has simply become impossible.
Those are different problems. They don't necessarily need the same solution.
And they certainly don't automatically require each of you to hire a lawyer and begin an expensive adversarial process.
So our solutions will likely suit you if:
You both want to avoid an expensive legal fight
You're willing to consider an independent way of breaking the deadlock
You need practical help finding or structuring a workable solution
You're stuck — even if you're only stuck on one or two issues
You want to use the simplest process capable of getting the settlement done
That's why we offer several different ways of helping. The best one depends on where you're stuck.
Tap into our deep experience, skilful diplomacy and clever ways of identifying a viable deal for you.
Take a look at the four situations below. You'll probably recognise yours.
Ways We Can Help
If you’re both looking for a collaborative approach – with the lowest possible stress and expense – then these are the services most likely to be helpful for you.
Don't know what a sensible settlement would actually look like?
Settlement Design Report
Instead of endlessly debating percentages and possibilities, get an independent, detailed proposal showing what a sensible settlement could look like in your particular circumstances.
Best for: Individuals or couples wanting to cut to the chase and receive a pragmatic reasoned solution in writing.
Fee: $750-$1,500 +GST (ie $375-$750 +GST per person).
Broadly agreed — but don't know how to turn the idea into an actual deal?
Structuring Your Settlement
Agreeing on a percentage or broad outcome is one thing. Working out who keeps what, how the numbers fit together and exactly how the settlement should work is another.
Ask us to help turn your rough agreement into a clear, practical settlement structure.
Best for: Couples who agree in rough terms what they want, but need it calmly managed to a detailed, workable arrangement.
Fee: $500-$1,000 +GST (ie $250-$500 +GST per person).
Ready to reach agreement without months of delay?
Rapid Settlement Service
If you’re already within negotiating distance, you may not need months of further argument. Our structured process uses independent deal parameters and managed compromise to help both of you move towards a final number.
Best for: Looking for the voice of experience to cut through confusion and outline a rational deal structure.
Fee: $1,000-$2,000 +GST (ie $500-$1,000 +GST per person)
Can't negotiate directly without everything going off the rails?
Shuttle Mediation
You don’t have to sit across a table from each other — or even negotiate directly. Each of you works separately with an independent mediator who carries proposals, questions and responses between you.
Best for: Couples who want a civilised way to reach an agreement but find direct negotiation too stressful, emotional, hostile or simply unproductive.
Fee: $1,500-$4,000 +GST (ie $750-$2,000 +GST per person)
Not sure what’s actually stopping you from settling?
That’s completely normal. Sometimes the problem isn’t obvious until someone independent looks at where the negotiation has reached so far.
Let’s have a chat about where you’re stuck and which — if any — of these approaches might help you get through it.