Mediation is not compulsory for couples who wish to apply to the court for financial matters, however, parties are encouraged to try to reach an agreement without going to court. Mediation and Family Dispute Resolution can assist with this.
However, Family Dispute Resolution is compulsory if you wish to apply to Court about parenting arrangements. You will need a certificate from a registered Family Dispute Resolution Practitioner to prove that you have attempted to resolve your matter at Family Dispute Resolution.
There are some exemptions to this requirement.
If any of situations below apply to you, you may make an application to the court without attending Family Dispute Resolution first:
you have reached an agreement and are applying to the court for a Consent Order;
your matter is considered to be urgent;
there has been or there is a risk of child abuse;
there has been or there is a risk of domestic violence;
you are responding to a court application made by your ex-partner;
your matter has been ‘screened out’ as unsuitable for Family Dispute Resolution.