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Collaborative Family Law and Divorce

Why not consider Collaborative Family Law if you’re going through Divorce?

Going through a divorce or break-up is tough! It’s a time of uncertainty and distress for individuals, children and families.

Traditionally separating couples would run to their lawyers and begin a horror divorce with non-stop arguments, aggression tactics and end up in court waiting years for their matters to be resolved.

There is a better and healthier way to divorce!

This way is collaborative family law.

What is Collaborative Family Law?

Collaborative Family Law is a holistic way to approach divorce which includes parenting, child support and property settlement matters. It is a form of alternate dispute resolution which ensures that people and families are kept out of Court.

 

How does Collaborative Family Law work?

Collaborative Family Law requires that you and your ex-spouse or partner each have your own specially trained collaborative family lawyer. You and your lawyers choose a coach or facilitator who will oversea and manage the collaborative meetings.

 

What are the benefits of Collaborative Family Law?

  • You and your ex-partner set the agenda items
  • You and your ex-partner learn to communicate respectfully
  • You are both legally represented
  • You both agree on how the professionals are paid
  • You can discuss non-legal issues
  • There are no threats of going to court
  • Your agreements are legally binding

 

What are some of the difficulties with Collaborative Family Law?

  • Where there is domestic violence or mental illness it may not be the best way to settle your divorce
  • No one ‘forces’ the other person to comply with their obligations to provide full financial documents
  • No decision-maker
  • If the collaborative family law process breaks down, new lawyers must be appointed.

For lawyers who work in this space, there have to undergo compulsory training in collaborative family lawyer and they turn away from traditional ‘win-lose’ approach to one that is ‘win-win’ and interests-based.

Collaborative Family Law is practiced at Cominos Family Lawyers. Being Sydney’s  first and onlyKaty JenkinsHealthy Divorce practice we believe that families do not belong in Court (and only as a last resort), so it makes sense to use the Collaborative Family law process to resolve your divorce matters.

For more information on collaborative family law speak to Pamela Cominos at pamela@cominoslawyers.com.au or Katy Jenkins at katy@cominoslawyers.com.au

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