Collaborative Law is a process whereby each client engages a lawyer and both parties work together to resolve a dispute without going to court. The aim is to reach a fair agreement while minimising costs, delay and stress.
Whilst this approach is relatively new in Australia, Brisbane Family Law Centre have helped many clients resolve their matter through Collaborative Law. The feedback we have received has been very positive, in the sense that desired outcomes have been reached, without the sometimes substantial time and emotional effort often involved in other approaches.
How does it work?
After agreeing to participate in the collaborative law process both parties meet with their lawyers individually to identify the issues that are important to them. Then a number of four way meetings are held with both parties and their lawyers.
During these meetings you will be encouraged to work towards a settlement. It may be necessary to include other professionals in some of these meetings, to gain their professional opinions. This could include counselors, financial planners, accountants or valuers.
With this assistance and in an atmosphere of openness and honesty you will be encouraged to work together to find solutions and an ultimate settlement.
What are the advantages?
- You will focus on a solution rather than gathering evidence for Court proceedings
- Children’s needs are given priority
- You avoid going to Court
- The solution is flexible and can fit your needs rather than being ‘one size fits all’
Collaborative Law is the right option for you if you and your spouse together wish to-
- move forward and reach a mutually acceptable agreement
- protect your children from any further distress
- make full and frank disclosure of your financial position
- focus more on a holistic solution for your family
Collaborative Law is not the right option for you if-
- either of you seek revenge against the other
- you are looking for an ‘easy option’
- either of you want to hide information from the other
- there has been a history of domestic violence- you should seek further advice as to whether the collaborative process is appropriate for you
“Having recently successfully used the collaborative law approach in a complex property settlement involving many businesses and investments I have only good things to say about this type of settlement method.
By using the collaborative law approach for my settlement with my ex-wife it enabled all of us, as a team to work through the settlement with relative ease in knowing that both my ex-wife and I were working towards a common goal of reaching an amicable settlement.
Brisbane Family Law acted not only as my legal team but offered quality advice and real world solutions to what could have been a costly and lengthy divorce if a more traditional settlement approach had been decided upon.
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