The 'clean break principle' is outlined in section 81 of the Family Law Act and provides that; ‘as far as practicable, the court make such orders as will finally determine the financial relationship between the parties’
A "Statement of Intent" in family or property mediation is a powerful tool that helps both parties clearly articulate their goals and priorities. This statement allows each party to express what they hope to achieve through the mediation process, setting a positive and constructive tone for discussions.
It provides a clear outline of each party's objectives, making it easier to identify common ground and areas of disagreement.
By stating their intentions upfront, both parties can stay focused on their main goals throughout the mediation process.
It encourages respectful and open communication, reducing misunderstandings and conflicts.
The mediator can use these statements to guide the discussions and ensure that both parties' priorities are addressed.
Overall, a "Statement of Intent" helps create a cooperative environment, making it more likely for the parties to reach a mutually satisfactory agreement.
Here are some examples of a "Statement of Intent" in a divorce property settlement mediation:
"My primary goal is to ensure a fair and equitable division of our marital assets. I want to secure a stable financial future for both of us, especially considering our children's needs. I intend to keep the family home to provide continuity for the kids, and I am open to negotiating other assets to balance this arrangement."
"I aim to achieve a property settlement that reflects our contributions to the marriage and supports our individual futures. My priority is to retain my superannuation and ensure that we both have sufficient resources to rebuild our lives independently. I am willing to discuss the division of other assets, including the family home, to reach a fair agreement."
Example 3: Morgan's Statement of Intent
"I want to ensure that our property settlement is fair and considers our future financial stability. My focus is on maintaining my share of our joint investments and ensuring that any debts are divided equitably. I am committed to a respectful negotiation process and open to creative solutions that benefit both of us."
These statements help set a clear and respectful tone for the mediation process, ensuring that both parties' priorities are understood and addressed.
MAGENTA 4 MEDIATORS