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Collaborative Law - A Respectful Separation Process
Unfortunately, more than half of all marriages and relationships these days end in divorce or separation.
Separation is invariably stressful, not only for the couple but also children.
When separated individuals have to sort out their issues such as a property settlement or parenting arrangements, there is often a perception of "winning and losing".
However, what if you were told that after separation, you and your spouse could walk away with an outcome that:-
- was fair;
- didn’t involve any court proceedings; and
- remained confidential.
Would you be interested?
What about if that outcome also allowed you to maintain a respectful relationship with each other - or even allowed you to remain friends?
If the answer is YES, then Collaborative Law could be for you.
What is 'Collaborative Law'?
Collaborative Law or Collaborative Practice is a form of dispute resolution used by married, de facto or same sex couples after separation.
The collaborative process involves parties working with their collaboratively-trained lawyers and, on occasion, other professionals, in order to achieve a settlement that best meets the specific needs of both parties and their children.
It is different to the traditional forms of mediation or litigation.
In the collaborative process, parties and their lawyers enter into a contract to constructively negotiate an outcome without resorting to litigation. The contract provides that the parties’ lawyers must withdraw if an application is made to a Court to determine the issues. The contract removes the temptation for either party and their lawyer to threaten and/or commence litigation.
As a result of entering into this contract, all participants focus on working towards reaching a solution and they have a shared commitment to achieving their settlement goals.
So the collaborative process allows parties to focus on resolving family law disputes with minimal conflict and without the underlying threat of litigation.
In a collaborative process, you are in control and your confidential and transparent negotiations take an interest-based, team approach.
If the collaborative process does not resolve the dispute and the parties are required to proceed to Court, the lawyers for both cannot represent the parties in any subsequent, related litigation and parties are referred to new lawyers.
Separated couples working together
Through the Collaborative Law Process you and your former partner:-
- Negotiate a mutually acceptable resolution without having a Court determine issues;
- Maintain open communication and information sharing;
- Create shared solutions acknowledging your highest priorities of all.
The process puts you in a prime position to:-
- Protect your children;
- Reduce stress and delay;
- Maintain control; and
- Reduce conflict.
It offers a way to resolve disagreements with dignity and respect while crafting an outcome that benefits the family as a whole.
Are you interested in the Collaborative process?
Our lawyer Tanya Morris is collaboratively trained. Contact us today by phone or submit the form below.