But maybe you and your spouse agree on one thing: you don't want a bitter fight. You
are determined to avoid the ugly battles over property and child custody that you have seen others endure. You care about the emotional and financial well-being of your family and, in particular, your children. You want to be able to dance at their weddings.
If so, a "Collaborative Divorce" could work for you. The dispute resolution method called Collaborative Family Practice aims to minimise the emotional and financial costs of divorce, by finding solutions without court involvement. In this process, the couple each instruct and is represented by a family lawyer trained in Collaborative Family Practice.
Together, all four - the Couple and the two collaborative lawyers - sign an agreement to remain respectful, negotiate in good faith, provide full and early disclosure of relevant information and attend to the needs and interests of the family as well as each spouse. But perhaps most importantly, a collaborative agreement requires those participating to agree not to threaten to take the other to Court. In other words, it is an agreement to agree.
In the vast majority of cases dealt with Collaboratively, a settlement is reached. The settlement can in most situations be made legally binding, and in Divorce cases, can be filed with the Court and made into a Court Order if required. By removing the threat of going to Court, with all the accompanying costs, risks and emotional turmoil involved, the prospect of achieving a positive outcome is significantly greater.
When the agenda concentrates on settling issues rather than fixing blame, the sole measure of success is achieving a long lasting agreement that both parties feel they can live with for the future, their future.
Will a collaborative divorce truly improve the chances that you will dance at your children's weddings, and reduce the stress of divorce on you and on them?
Find out more about Collaborative Family Practice by contacting one of the specially trained collaborative lawyers in your area who are willing and able to assist you.