What Indian-Origin Families Should Expect During a Divorce Mediator Process in Australia

Divorce is always painful, but it becomes even more complicated for Indian-origin families living in Australia. Apart from emotional pain, there are legal and cultural issues to deal with. The good news is that the Australian law encourages couples to try Divorce Mediation, also called Family Dispute Resolution (FDR). It helps couples settle things calmly without going through long and stressful court cases.

This simple guide will help you understand how divorce mediators work and what happens step by step during the process in Australia.

What Is Divorce Mediation?

Divorce mediation is when a trained person, called a divorce mediator, helps both partners talk and find fair solutions. The mediator does not take sides or make decisions. They only help both people agree on things like:

Who the children will live with
How property or money will be shared
How both can plan for the future

What the Law Says

In Australia, if you want to go to court about your children, you must first try Family Dispute Resolution (FDR).

This rule comes from the Family Law Act 1975.
You need a special paper called a Section 60I Certificate before you can go to court. This certificate proves:

You tried mediator
Or the other person refused
Or mediation was not safe to do (for example, because of violence or abuse)

This law helps families solve problems peacefully without spending too much time or money in court.

Challenges for Indian Families

Indian families sometimes face extra problems, such as:

Cultural pressure: Many families believe divorce is shameful. Mediators in Australia understand this and handle it with care.
Property in India: If a couple owns property in India, it can be tricky because Australian courts can only deal with property in Australia.
Children’s travel: When one parent wants to take the children to India or move back there, it must be discussed carefully.

Step-by-Step Process of Divorce Mediation

Step 1: Choose a Mediator: Both partners agree on a trained divorce mediator.
Step 2: Private Meeting: Each person meets the mediator alone first. This helps the mediator see if mediation is safe for both.
Step 3: Joint Meeting: If both agree, the mediator arranges a meeting with both partners together. Everything said is private unless there is a safety issue.
Step 4: Talking About Issues: Both partners tell the mediator what matters most to them children, home, money, or anything else.
Step 5: Discussion and Agreement: The mediator helps both sides talk calmly and find fair solutions. Sometimes, each person can also talk to the mediator privately.
Step 6: Writing It Down: If you both agree, the mediator helps write it down in a Parenting Plan or Property Agreement. You can take this to a divorce lawyer to make it legal in court if you wish.

New Law Changes in 2024

The Family Law Amendment Act 2024 made some updates:

Full honesty about money: Both sides must share all financial details.
Dowry and money abuse: The law now calls this “economic abuse.” Mediators must make sure talks are fair.
Faster divorce: Couples don’t need to go to court even if they have children under 18, once the separation is clear.

How Property Is Divided

When couples separate, courts or mediators look at these four simple steps:

List all money, homes, and debts.
Check who contributed what money, home care, or parenting.
Think about the future who needs more help, who earns less, who cares for children.
Make a fair plan for both.

This helps families where one person may have stayed home to care for kids.

Common Questions About Divorce Mediation

Do I need a lawyer?

It’s not required, but a lawyer can help check your agreement before signing.

Is mediation private?

Yes, everything is private unless someone is unsafe.

What if my ex doesn’t come?

You can still get a certificate to go to court.

How long does it take?

Usually a few weeks, depending on how many sessions are needed.

Can I do mediation if there was family violence?

No. If it’s unsafe, the mediator will stop and guide you to other options.

Why Mediation Helps

Mediation helps couples talk calmly and make fair plans for their children and money. It avoids long court cases and high lawyer fees. For Indian families in Australia, it helps keep peace and respect while following both heart and law.

Working with skilled divorce mediator and a family lawyer can make the process smoother and less stressful.

About LawCrust

LawCrust Legal Consulting is part of LawCrust Global Consulting Ltd. We help Indians and NRIs/OCIs living in Australia with their legal and business needs.

Our services include:

We assist clients across Sydney, Melbourne, Brisbane, Perth, and Adelaide. Our team makes handling legal matters between India and Australia simple and stress-free.

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Divorce Mediator in Australia: A Step-by-Step Guide for Indian Families| LawCrust