Stay in control during your divorce proceedings
There are at least five reasons why you’ll want to go through collaborative law instead of through the courts
Collaborative law is about providing the client the ability to control how they and their partner resolve their dispute through sharing information and an open dialogue.
The aim of collaborative law is to resolve the issue without having to go to court. If, for whatever reason, you and your partner decide to go to court, DA Family Lawyers will refer you to another lawyer.
However, collaborative practice can only proceed if both parties agree to it.
The difference between collaborative family law and traditional adversarial divorce
There are five key differences between traditional adversarial divorce and collaborative family law:
- No court
This is the key difference. Collaborative practice is about both parties agreeing to reach an agreement without going to courts. Your collaborative practice lawyers will resign if the case does go to court.
Your collaborative practice lawyers also have the right to terminate the agreement if you:
- Knowingly withhold or misrepresent information
- Seek to misuse the process
- If one or both parties may be harmed or prejudiced by continuing
- If the process is no longer effective
- Multi-party meetings
Unlike other forms of divorce proceedings, every meeting involves your lawyer and, if necessary, other professionals such as valuers, accountants or children’s professionals.
- Faster agreement times
- Less emotional strain
The cooperative nature of collaborative family law can greatly ease the emotional strain caused by the break-up. It can also protect the well-being of a child.
- Lawyers have nothing to gain by drawing things out
The whole purpose of collaborative law is to settle the case without going to court. If the clients decide to go to court, both collaborative lawyers will resign from the case. This ensures that the lawyers work hard to achieve a settlement acceptable to both partners.
Why you’ll want to use collaborative law instead of mediation
Collaborative law is all about putting you and your partner in control of proceedings. It’s an early intervention process to be used instead of litigation. The fact that collaborative law is a process is also a benefit over mediation. This is because mediation is often seen as a one-day event.
Collaborative law at DA Family Lawyers
At DA Family Lawyers in Brisbane our principle solicitor Deborah Awyzio practices collaborative law and is now able to offer an alternative dispute resolution process.
If you and your former partner wish to resolve the matter without litigation and without going to court, contact DA Family Lawyers in Brisbane today. We’re your Family and Collaborative Law Lawyers.