By Lisanne Iriks, Life Mediation
One of the most common questions we get asked in mediation is this:
“If we agree on something, is it legally binding?”
The short answer is, not automatically.
But with the right steps, your mediation agreement can absolutely become binding. And it’s often faster, more affordable, and more personalised than going through the courts to get there.
Let’s break it down.
What Happens When You Reach Agreement in Mediation?
When you and your former partner reach agreement in mediation, your mediator can write up your parenting plan or your heads of agreements if you agreed on your financial split. This is a clear, plain-language document that outlines what you’ve agreed to. It might cover:
- Parenting arrangements
- Living schedules
- How you’ll handle holidays or special occasions
- Financial decisions
- How and when you’ll communicate
- How you will split your assets and liabilities
This written summary is not legally enforceable on its own, but it can be used as a basis to get consent orders lodged with the family court, which are legally binding.
So How Do You Make It Binding?
There are a couple of options, depending on what kind of agreement you’ve made.
1. Parenting Agreements
If you’ve reached an agreement about parenting, you have two choices:
- Keep it informal. Many families are happy to follow their written parenting plan without needing it to be legally binding. This works well when both people are cooperative and trust each other to follow through.
- Make it formal. If you want something legally enforceable, you can turn your parenting plan into consent orders by logding your orders with the Family Court. This does not mean going to trial – it’s a paperwork process, and in most cases, you don’t need to appear in court.
Consent orders are reviewed by a registrar to make sure they’re in the best interests of the child. Once approved, they become legally binding.
2. Financial or Property Agreements
If your mediation included a financial or property agreement, you can make it binding by:
- Having the agreement turned into consent orders, which the court can approve
- Creating a binding financial agreement (BFA) through lawyers, which requires independent legal advice for both parties
This is especially important if you’re dividing assets, selling a home, or making ongoing financial commitments.
Why It’s Still Worth Doing Mediation First
Even if you still need to go through a legal step to make your agreement binding, mediation saves you time, money, and conflict. Here’s why:
- You’ve already worked through the tough decisions and made your agreements.
- You’re both more likely to follow an agreement you helped create
- Your lawyer or the court isn’t starting from scratch and you dont have to spend much money on legal fees.
- You can avoid drawn-out negotiations or disputes that are time consuming and costly
We often say that mediation builds the foundation and once that’s in place, it’s much easier (and cheaper) to take the next step and make it formal.
What If One Person Doesn’t Stick to the Agreement?
If your agreement is informal and someone stops following it, it can be frustrating. That’s why many families choose to make agreements binding once they’ve had some time to test what works.
If the agreement is already legally binding (like a consent order), and someone doesn’t follow it, you can report a breach of the order to the court. We recommend getting legal advice about what you can do when one party is not complying with the orders before taking action.
We Can Help You Take the Next Step
At Life Mediation, we can:
- Draft clear, practical agreements
- Help you decide whether to keep things informal or make them binding
- Refer you to trusted lawyers if needed
Mediation is about finding solutions that work for your real life, not just ticking legal boxes. But when you’re ready to take the next step, we’ll help you do it with confidence.
Written by Lisanne Iriks, Life Mediation. Helping families through separation with clarity, calm, and care.
Wondering what kind of agreement would suit your situation?
Book a free 15-minute chat. We’ll walk you through your options and help you feel clearer about what comes next.