Collaborate or litigate – that becomes the question.
There has long been concern in the area of family law regarding the emotional and financial impact on individuals and families resulting from family law litigation.
Unfortunately, there are situations where one or both parties are unable to negotiate, and in these circumstances, there is no option but to litigate. However, this is not in all matters. It should always be remembered that to litigate a matter through the courts is extremely expensive, and very often the result is one that is imposed by a Judge who has no personal knowledge of your family or your children, other than what has been presented before him or her in a courtroom situation.
Collaborative law is a process by which participants to a dispute and their lawyers work together through a series of meetings to identify the needs of the participants and to reach a fair agreement which meets, as far as possible, those needs. Discussions are conducted in such a way as to minimise bitterness and avoid the expense of court proceedings. Very often all of the participants sign an agreement that the lawyers who are representing them in this process will not be permitted to represent them if the matter proceeds to court. In this situation all participants are devoted to obtaining an agreement rather than falling back on the litigation option.
The basis of the collaborative process is that both participants agree to engage in discussions in an open and honest manner. If experts such as accountants, financial planners, counsellors or others are required, they are jointly retained to provide their expertise to both participants. The experts are engaged not only to value assets, but to assist the participants to reach a division of their assets in a manner which meets the needs of both.
The collaborative process is very conducive to reaching to an agreement about arrangements for your children after separation. Often Counsellors for both participants are involved, and in very complex matters, a counsellor for the children. It may well take a number of meetings for each participant to air their concerns and work through them. The focus at all times is to obtain an agreement which meets the needs of the children and to diffuse as much as possible the anger which often clouds decisions surrounding children’s arrangements.
The ultimate aim of collaborative law is to minimise conflict in family law disputes and provide sustainable and comprehensive solutions to separating couples and their families.
If you are thinking of or have you left your partner you may benefitr by better understanding some or all of the following:
• Divorce and separation
• Marriages and defactos
• The division of property and superannuation
• Children and child maintenance
• Spousal maintenance
• How to resolve your disputes without going to Court
• Court process and litigation
• Legal and other costs
• Asset protection before property settlement
If you require more Family Law information, please email your request to dads@dadsclub.com.au
Author: Annette Wilson, Accredited Family Law Specialist
HARRIS FREIDMAN HYDE PAGE
The following links access a vast amount of information on Family Law and the legal process, Child support, Parenting Plans as well as many online Forums which provide an area where users can interact with questions, answers and discussions on a given topic.
For legal advice and information for separating couples, especially those with children click on the following:
Family relationship Advice Hot-line 1800 050 321
For family relationship assistance and a range of services to manage relationship issues, click on to the following:
Email This Article
Loading ...
It is all well and good to say ‘act in the childs best interest’ I as the father has always made it my priority and wish the mother would also, but when the mother won’t turn up to invites of mediation, then finally does with an abduction plan, puts her demands forward which are agreed upon then she walks out not prepared to listen to mine, well my first hand experience tells me mediation doesn’t work. In my case all it just a ticket for her to abduct my son removing him 100% from my life, her way or the court way.
Her words,,,
“All kids belong with their mother, she owns him she sais”
Mediation shmediation – if it worked for you, well done! Otherwise fathers are not getting a fare deal of any sort and once mediation has worked for you make sure you get court orders to hold the agreements in place.
Men are being steam rolled!
Single dad are you talking about being steam rolled or taken to the cleaners. Not only can divorce be emotionally scaring it screams of financial ruin…Michael Jordan and Neil Diamond each lost $150m and it seems Mel Gibson stands to loose $600m. Surely between the kids’ well being and financial loss there’s a case for mediation or do us dads just get screwed. Seems there are looser’s all round.
It seems easier to stay together, at least until kids have fled the nest. Life has many challenges, surely it’s better to avoid a divorce.
In Australia it’s pretty easy to get a divorce. All you have to do is be separated for 12 months and 1 day.No longer are the symptoms of a relationship breakdown (shagging someone else) legal grounds for divorce.