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Collaborative Family Law

Collaborative Family Law 

Collaborative Family Law is an exciting, innovative and transforming approach to divorce and separation.

At Cominos Family Lawyers, we are collaboratively trained family lawyers who can offer an alternative way to divorce.

For those people who are separating or going through a divorce and are looking for a better, quicker and smarter way to divorce or separate then collaborative family law, offers precisely this.

Collaborative Family Law

How does collaborative Family law work?

Each person needs to engage the services of a collaboratively trained family lawyer. These family lawyers have had specialised training and understand the process of collaboration.

Each person and their lawyers sign participation agreements and undertake that the lawyers involved will not go to court on behalf of their clients. This means that there is a genuine commitment on the part of the lawyers and the participants to resolve their matters using the collaborative practice.

Collaborative practice is a tailored mediation, where the lawyers utilise the law, but don’t litigate and offer advice to their clients within the mediation process. Each person’s lawyer will protect the interests of their clients, but the focus moves from each party’s positions, where they fight to the end for their percentage of the assets or time with the children or maintenance and the focus is each party’s needs, interests and concerns.

It is a genuinely pro-active and focused way of resolving disputes and issues that arise from the separation.

A recent case-study

Marilyn and her husband Jonathon were married for 14 years and have three children ranging in ages from 11 to 5 years old.  Jonathon and Marilyn had heard about collaborative mediation and each approached a family lawyer who had collaborative training. Marilyn approached Cominos Family Lawyers and came to us with extreme anxiety, fear and hurt. She was bitter and upset that Jonathon has ended their marriage and had moved in with a younger woman.

We explained to her that the collaborative family law approach was very well-suited for her, because it was a way of dealing with all her concerns with the support of compassionate lawyers, who knew the law and could advise her at every mediation session.

With some understandable trepidation Marilyn agreed to participate in the process and after 3 sessions, she and Jonathon started to problem solve together, started to communicate respectfully with each other and Marilyn stopped being so afraid of her finances, because she could see and hear that Jonathon, with proper legal advice from his family lawyer was not going to destroy her financially.

Marilyn realised that even though Jonathon had left the marriage, he did not leave the children and she then started to agree that Jonathon was a good father and the children needed to have a positive relationship with him and one that she supported.

In engaging in the collaborative family law process, Marilyn got far more than what she ever would have got having gone done the traditional litigation path. Marilyn got to stay in the house until the youngest child started high school, which gave her and the children are roof over their heads and some time to sort out her finances and employment. She got a child support agreement which was above that of a usual child support assessment and she even got Jonathon to pay some monies towards the children travelling back to her home country Switzerland, where the children could spend time with their extended family.

As a Family Lawyer, the collaborative mediation process is satisfying and truly transforms relationships after separation and divorce. Should you require any further information please contact us.

 

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