A separation or divorce is known to be one of the most difficult times a person can face. Along with the emotional impacts, a person may simultaneously face significant financial, property and parenting issues to be resolved with their former spouse.
It is not always possible for these issues to be resolved with ready agreement between two people who have just separated and have differing interests and priorities.
As a family lawyer I often meet a client for the first time who expresses their desire to address the outstanding issues with their former spouse in a practical and efficient manner. Most people just want fair outcomes and are looking for a way to reach a suitable agreement with their former spouse without excessive cost or any need for Court action. Many separated persons also express their desire to maintain an amicable relationship with their former spouse beyond separation, particularly where there are young children that the parties will continue to co-parent.
Traditional legal avenues including negotiations through lawyers and/or Court processes may amplify each party’s different perspectives and exacerbate a dispute. As parties become more entrenched in their positions, costs escalate and a person’s original intentions to resolve a reasonable practical and amicable settlement may be left behind in the process.
Collaborative practice in Family Law offers an alternative process to separated couples who are committed to achieving a settlement outside of Court but recognise that they need some assistance to negotiate an agreement.
In the Collaborative law process each party has their separate interests supported by their own collaboratively trained lawyer. The parties and their collaborative lawyers sign an agreement including a shared commitment to negotiate in good faith, with full disclosure of information and with mutual commitment to seek resolution without resorting to Court. The agreement includes an essential provision that if these negotiations fail their Collaborative lawyers engaged in the process will cease to act. This provision helps to commit parties to the process of collaborative negotiation. The parties respective Collaborative lawyers work with them initially to identify their primary interests and needs. Other independent collaboratively trained professionals such as an Accountant, Financial Planner or Family Therapist may be included in the process by agreement to assist the parties to work through the issues and achieve the most beneficial solutions for their family. Joint sessions are then arranged with both parties, their respective lawyers and any other independent professionals to explore settlement options considering each party’s interests and needs and pursue negotiation of all outstanding issues. Typically parties may expect 3-5 joint sessions will be required to reach agreement on all matters. Agreements will be confirmed in usual legal documentation with both parties final consent.
Collaborative practice may not suit all circumstances. It is however an option that may in many cases offer parties a more inclusive approach to the resolution of their family and financial decisions following separation.
Our Family Law team is committed to seeking the best outcomes for our clients with consideration of their personal circumstances and needs. I am pleased to offer Collaborative Practice as an option to our clients in Family Law matters. I am registered as a Collaborative Practitioner with the International Academy of Collaborative Professionals and a member of the Adelaide Collaborative Practice Group.
Contact Us
If you would like more information on Collaborative Practice or Family Law advice after separation, please contact our office on 8523 8400 (Gawler) or 8211 6500 (Adelaide) to arrange an initial appointment for a no obligation first consultation with myself or a member of our Family Law team. Alternatively, send an email to legal@rudalls.com.au and we will contact you.