Collaborative law is a practice which has been used in the USA and Canada since the early 1990s and more recently in Australia. It provides a forum for couples to openly settle their family matters without costly and drawn out proceedings.
A binding agreement is to be signed by all parties confirming how the process of collaborative law is to take place and that they will not take or threaten to take the matter to Court. Each party is required to have their own legal adviser present throughout this process. Legal advice may be provided openly.
The process takes place with a number of face-to-face meetings until a settlement can be reached. These matters can relate to financial or parenting issues and can also include experts such as accountants, financial planners, child psychologists etc, if agreed by both parties.
Each party has a responsibility to bring realistic and practical solutions to the table and it can only work if there is a commitment to open communication and full disclosure by both parties.
This form of practice brings a more practical solution to the negotiation process given its open nature of information sharing and non-threatening environment.
It has the potential to bring couples to a more amicable and fair settlement in a shorter timeframe and without the obvious costs of a lengthy court battle.
For more information on Collaborative Law or to make an appointment with our Collaborative Law Professional, please contact us.
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