When it comes to family law in divorce and separation, we use a collaborative approach to ensure the family retains control of what happens in relation to child arrangements and property settlement. This means the family wishes to resolve their differences respectfully, privately and without going to Court.
It recognises that clients going through separation or divorce have a range of legal, emotional, parenting, financial and other needs. They are all important aspects, however all decisions should have the family and emotional wellbeing at the forefront.
Our approach to Family Law
Using our collaborative approach, the appropriate experts give the relevant advice at the right time. Lawyers are called upon when legal advice is required; the family expert can help with the emotions involved in separation and also the children and actively assist the parties to develop a parenting plan. The financial professional can do the modelling to provide a sense of security around what the financial future will look like to help the lawyers to guide their clients through the process of evaluating settlement options.
The process enables the clients to identify what is important to them and their family and then make decisions accordingly, in a supported environment. The decisions made are the client’s decisions, not the lawyers and not the Court.
Our collaborative process enables the clients to determine what happens and when, ensuring a timely outcome. It is often more cost effective. A traditional solicitor lead divorce may cost each client well in excess of $20,000 and many sleepless nights. Collaboration expedites resolution with consequent cost savings.
By agreeing not to go to Court, parties keep control of the process from the start.
Clients take responsibility for their future directions, in a supported negotiation with legal advice. All the work is done with the clients present, working with the lawyers, in a team approach to negotiate the best possible outcome for the whole family, which is acceptable to everyone. There is no lawyer negotiation in the client’s absence.
Is Collaborative Law suitable for me?
In this process you will need to:-
- Communicate openly and honestly
- Communicate respectfully
- Prioritise the interests of the family, including the children
- Openly shares information.
Key Elements of Collaborative Family Law
In Collaborative Family Law we facilitate and design a process which helps you to talk to each other and reach agreements which reflect a win/win outcome.
- You maintain control of the family law process as well as preserving your privacy and retaining your dignity
- You agree to a non-tactical negotiation which is courteous and respectful
- You agree to put the children first
- You agree to an open and transparent exchange of all information including legal advice
- The process is future, not past focused.
- You, your lawyers and other professionals sign a contract not to go to court
- You agree to jointly appoint neutral experts such as financial and child specialists and valuers, as appropriate
- The Collaborative process provides a roadmap for future co-parenting in a respectful and dignified manner.
- You own the settlement which is also both timely in its conclusion as well as cost effective.
What are the benefits?
The benefits of the Collaborative process are many and include: –
- Your control of the process
- You are supported at every step by trained professionals
- Confidentiality and privacy
- Future rather than past focused
- Interest based non adversarial negotiation
- Ability to prioritise the children’s interests
- Creating a win / win solution