FDR - Financial Settlement

All Family Dispute Resolution (FDR) Services are offered in accordance with Australian Family Law Regulations 2025 and the following information is provided as per these Regulations -  

What is Family Dispute Resolution (FDR) or Mediation? 

Family Dispute Resolution (FDR) is a process that offers separating or separated couples a forum to reach agreement regarding property and/or parenting matters in a safe and supportive environment. It provides an opportunity for facilitated discussion, guided by an FDRP, allowing parties to make informed decisions about financial and parenting arrangements, while avoiding the time, cost, and adversarial nature of traditional legal proceedings.  It is also a confidential process in which parties can work collaboratively to preserve a positive post separation relationship which is especially important in matters where children are involved.  

FDR is not a legal process, though in relation to financial settlement matters, to assist in informed decision making, Simple Separation offers legal advice by qualified independent third party lawyers, as part of the service. 

It is important to understand that neither FDR nor the FDRP (Family Dispute Resolution Practitioner) can guarantee a resolution or settlement – FDR provides a forum for discussion - outcomes are determined by the participants. 

What is the role of a Family Dispute Resolution Practitioner (FDRP)? 

Simple Separation’s experienced FDRPs are fully qualified and accredited by the Attorney-General’s Department to deliver FDR services in both property and parenting matters. They are an independent third party who, by law, must remain impartial, must not advocate for either party, must not make decisions on your behalf, or provide legal advice—although they may offer general legal information. 

In addition, the FDRP role is to; 

  • Assess and continue to assess whether FDR is the right forum for your matter 

  • Guide and support you through the process 

  • Help identify issues, exchange relevant information and explore options for resolution.  

  • Facilitate respectful, open and co-operative communication between parties in either a joint or shuttle format – often referred to as mediation 

  • Re-enforce good faith negotiations 

Suitability for Service:  

All clients are required to take part in an onboarding appointment during which your assigned FDRP finds out more about your matter and circumstances and assesses for suitability for FDR.  You will be asked questions that help determine whether your matter is FDR suitable.  

What Does the FDRP Have to Consider in Assessing Suitability for FDR? 

FDRPs must consider the following factors and their influence on the party and/or process: 

  • A history of violence between the parties 

  • The likely safety of those involved 

  • The equality of bargaining power 

  • The risk of abuse to any children 

  • The emotional, physical and psychological health of the parties 

  • The undue bias or influence of a person (whether or not the person is a party to the dispute) on the parties, or 

  • Any other issue that the FDRP considers relevant e.g a party/ies; lack of willingness to take part, stalling, failure to provide disclosure 

If, after considering these matters, the FDRP is not satisfied that FDR is the appropriate forum for the matter, by law they are not to proceed. Your matter will be assessed throughout the FDR process for continued suitability and terminated if necessary. 

Assessment outcomes are by law confidential and can not be disclosed to either party 

The assessment process will also determine the suitability of your matter for: 

  • Joint sessions, where both parties meet together with the FDRP; 

  • Shuttle sessions, where each party speaks separately to the FDRP; or 

  • A combination of both formats. 

Is FDR a confidential process? 

FDR is governed by strict confidentiality provisions under s.10H of the Family Law Act 1975. This is the assurance that parties can have transparent conversations in FDR without worrying that what they say might be used as evidence in future court proceedings. Discussions between you and your FDRP are bound by confidentiality which means: 

  • Any discussions with your FDRP during the FDR Assessment Process are not shared with the other party or other services 

  • Any discussions with your FDRP during the FDR Process are not shared with any other services  

The exception to the above is, if we become aware that that a child has been harmed or is at risk, danger to yourself or another person, or potential to crime we have a duty of care to raise this with the relevant authority.  

What if I need a Support person? 

If you would like a support person present during any joint FDR session, please advise your FDRP in advance. The FDRP is required to seek the other party’s consent before a support person can attend. 

Your support person must complete and return a Support Person Confidentiality Agreement prior to the session. Their role is to provide emotional support only — they must not participate in the discussions or advocate on your behalf.  

What If I’m Unhappy? 

FDR and/or your FDRP cannot guarantee an outcome or the outcome you believe is just and equitable.  If you have concerns or are unhappy with our service, please discuss first with your FDRP, the Mediation Institute, serves as our external complaints body should you wish to escalate your concern. 

FDR for Financial/Property Settlement  

Understanding Financial Disclosure? 

The Duty of Disclosure is set out under both the Family Law Act 1975 (Cth) and the Family Law Rules 2021 (Cth). Under Rules 6.06 and 6.07, each party must provide full and frank, accurate disclosure of all information relevant to a financial or property settlement.  Furthermore, they must willingly continue to provide updates throughout the process until a final agreement is reached, a Binding Financial Agreement, Consent Orders, or a court determination. You may be required to provide information related to pre/post and during the relationship. Accurate disclosure ensures all financial matters are resolved with transparency, fairness, and good faith and promotes confidence in the process. 

This duty applies to both married and de facto couples, regardless of how the agreement is reached—whether through lawyers, the courts, or Family Dispute Resolution (FDR). 

For more information, you can refer to: 

Federal Circuit and Family Court of Australia

What Must Be Disclosed? 

Disclosure covers all aspects of your financial position, including assets, liabilities, income, superannuation, and financial resources — whether held in your name alone or jointly with others. This includes. 

  • Assets: such as real estate, vehicles, investments, shares, business interests, bank account values 

  • Liabilities: including mortgages, loans, credit cards, tax debts 

  • Income and Financial Resources: such as salary, rental income and other sources.  

  • Interests in entities: including companies, trusts, or partnerships. 

  • Recent property transactions: Any property sold, transferred, or gifted since separation 

The FDRP’s Additional Role in Property Settlement and Financial Disclosure 

Your FDRP plays an important but limited and neutral role in relation to financial disclosure. Their role is to: 

  • Educate you about your duty of disclosure and the importance of this 

  • Help identify which documents need to be provided 

It is important to note that your FDRP does not investigate, verify, or enforce disclosure. They rely on both parties to act transparently and will assess whether the matter remains suitable if disclosure obligations are not met, including the failure to provide documentation within agreed timeframes 

What If I Don’t Want to Disclose My Financial Information? 

If either party fails to meet their disclosure obligations, the matter may be terminated. 

It’s important to understand that failing to comply with the duty of disclosure is a serious matter and may jeopardise your settlement. 

  • If your settlement is formalised through a Binding Financial Agreement, both independent lawyers must be satisfied that full disclosure has been provided. 

  • For Consent Order Applications, the Court must be satisfied that full and frank disclosure has occurred before making orders. 

Under the Family Law Act 1975 – Sections 79, 90SM, 79A(1)(a), & 90SN(1)(a): If it is later discovered that a party has withheld, provided false, incomplete or misleading information, any agreement or court orders made on that basis may be overturned or set aside by the Court and penalties and fines may apply.