Key takeaway: Owning a house or having superannuation does not automatically disqualify you from reduced-fee mediation. Financial capacity is assessed on accessible funds — your income and liquid assets — not on the total value of assets that are jointly owned, tied up in property, or not yet divided.
What Does "Asset Rich but Cash Poor" Mean After Separation?
After separation, many people find themselves with a share of significant assets — a family home, superannuation, or an investment property — but very little accessible cash. The assets exist on paper, but they cannot easily be converted to cash. The home cannot be sold without the other party's agreement or a court order. Superannuation cannot be accessed until retirement age. Jointly held assets may be frozen in a dispute.
Meanwhile, the day-to-day financial pressures of separation — rent or mortgage payments on a reduced income, legal costs, caring for children — can leave a person with little or no accessible cash, even if their asset position looks substantial.
Why Property Ownership Does Not Always Mean Available Cash
A share in a family home worth $600,000 does not give you $300,000 in accessible funds. It gives you a contingent interest in property that:
- cannot be sold unilaterally;
- may still carry a mortgage;
- is subject to property settlement proceedings which can take months or years to finalise;
- generates no income unless rented, and often cannot be rented while the other party occupies it;
- may have encumbrances, guarantees, or claims affecting its net value.
The gap between asset value on paper and accessible funds is a real financial reality for many separating Australians, and it is particularly acute in high property-value markets.
Your asset position doesn't automatically determine your Access Mediation contribution — it's assessed on accessible funds.
Check your indicative contribution →Common Examples
The family home: Alex and Sam own a home together. Alex has moved out and is paying rent while also covering child-related expenses. The home has not yet been sold. Alex has an interest in a valuable asset, but no accessible cash from it and a reduced income. (Hypothetical example only — does not indicate eligibility.)
Superannuation: Lee has accumulated significant superannuation over a long working life but is 48 years old and cannot access it for another decade. Lee's income is modest and accessible savings are minimal. (Hypothetical example only.)
Investment property: Jordan holds a share in an investment property with their former partner. Jordan cannot access the equity without the property being sold, which requires both parties' agreement. Jordan is paying rent on a separate residence and has limited monthly cash flow. (Hypothetical example only.)
How Mediation Providers May Assess Financial Capacity
A well-designed reduced-fee program distinguishes between:
- Gross annual income — your actual earned income, not assets;
- Accessible assets — cash, savings, and investments that can readily be converted to cash;
- Illiquid assets — property, superannuation, jointly held assets — noted but not treated as equivalent to accessible funds;
- Dependants — the number of people financially dependent on you;
- Hardship circumstances — material hardship such as disability, significant debt, or unusual expense burdens.
This distinction matters because treating total asset value as equivalent to accessible cash would exclude many people who genuinely cannot pay without hardship. The Attorney-General's Dept — Family Dispute Resolution provides context on the role of family dispute resolution in Australia's legal system. National Legal Aid provides state-by-state information on funded assistance for eligible participants.
How Access Mediation Assesses Financial Capacity
Access Mediation assesses each participant's contribution based on:
- personal gross annual income (generally assessed below $150,000);
- accessible assets — cash, savings, readily realisable investments;
- number of dependants (three or more may attract a further reduction);
- concession card status;
- genuine material hardship.
Assessment details are private. The financial basis for your contribution is never shared with the other participant.
Does Owning a Home Automatically Exclude Me?
No. Under Access Mediation, owning a home is taken into account as part of the overall financial picture — but it does not automatically make you ineligible or place you in a higher contribution band. What matters most is your accessible cash and income position. If the home is jointly owned and subject to property settlement proceedings, it is generally not treated as accessible funds for the purpose of the assessment.
What About Superannuation?
Superannuation is included in the broader financial assessment but treated as an illiquid asset unless you are at or near preservation age. A large superannuation balance does not automatically push you into a higher contribution band if your accessible cash and income are limited.
If your assets are tied up in property or super but your cash flow is limited, Access Mediation may be accessible to you.
See how Access Mediation works →What Happens Next?
- Check your indicative contribution using the calculator on the Access Mediation page. This takes about 60 seconds and does not require financial documents at that stage.
- If you qualify for an indicative reduced contribution, the next step is to make a formal application and provide supporting information.
- If you are not sure whether the value of your assets affects your eligibility, a free initial consultation can help clarify this before you apply.
See also Can't afford mediation? Your options in Australia for a full overview of alternatives.
General information only. This is not legal advice. Do not rely on the examples above as guidance about your specific eligibility.