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Collaborative Law
Nothing can make separation or divorce easy. In fact, the behaviour of separating couples and sometimes the behaviour of their family lawyers can make the situation even worse. A more cooperative approach to your separation can benefit your whole family.
With collaborative law, the approach to family law disputes can help families resolve separation issues with dignity and respect. In the collaborative process, separating couples, their lawyers and other collaborative professionals such as counsellors and financial advisors work with the family to resolve all issues, without the need to involve the family law courts. Together, thoughtful decisions are made that can actually work for the whole family and an agreement is crafted to reflect those decisions.
Collaborative law minimises conflict by working towards resolving differences. The two key elements of the process are:
- All negotiations take place in face to face meetings attended by the former partners and their lawyers; and
- If matters can not be resolved and court proceedings are to begin, the lawyers must disqualify themselves from acting further.
Collaborative law will be an appropriate option if you and your former partner:
- Want to spare your children from the emotional damage litigation can cause;
- Are able to accept personal responsibility in moving forward to reach an agreement;
- Believe it is important to create healthy and more holistic solutions for your family;
- Understand and embrace the necessity to make full and frank disclosure about financial issues.
Collaborative law will not be the right option if you or your former partner:
- Are looking for a "soft option";
- Think the procedure will enable you to pressure your former partner to agree to your wishes; or
- Where there has been a history of domestic violence or abuse affecting the ability of one of the parties to participate in the process.
If you are interested in investigating how the collaborative process works and whether it is right for you, please call us on 1300 368 258 or for more information click here.
