Dissolving your marriage cooperatively
February 1, 2022 by Alpass & Associates
One might think that a cooperative approach to divorce is unusual. These days a collaborative approach to disputes is encouraged by the Courts and, if both parties to a marriage can cooperate, money can be saved and stress avoided.
Our approach to cooperative divorces involves organising meeting(s) with the other party who must also be represented. Steps are taken to avoid language which is inflammatory and to encourage both parties to talk opening and honestly. Financial disputes and disputes involving children can often be resolved through meetings like this with both parties being encouraged to communicate with proper disclosure and respect.
For the process to work, both parties must be represented by lawyers who understand this collaborative approach. Inflammatory language is to be avoided. Your lawyer’s negotiating skills will be tested, with an aim to reach agreement.
The approach might seem unusual, as no threats are made. Even threats to take the matter to Court are banned. Another rule is that the parties must meet in person (or via Zoom) rather than writing to each other. Any written communications must be via lawyers. If the parties reach agreement in relation to their financial matters, then a Binding Financial Agreement is signed or an application is made to the Court for the agreement to be approved. If the parties cannot reach agreement and Court proceedings become necessary, both lawyers must step aside and new representation is found.
The benefits of collaborative dispute resolution are many and include: –
- the parties tend to have control over their futures
- a Court trial is avoided so a third party (a judge) does not have to take control out of the hands of the parties
- the expenses normally associated with Court proceedings are avoided
- you can work to a timetable that you jointly choose
- irreconcilable disputes during the process can be referred out to experts (usually arbitrators, valuers or mediators)
Our experience with collaborative dispute resolutions has seen speedier settlements with less expense and stress.
Should you wish to discuss any of these matters in detail, do not hesitate to contact one of our Family Law Solicitors on 9725 0377 (Kilsyth) or 9088 8664 (Rosebud) or email [email protected] for further information.
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