Collaborative Practice - An easier way to divorce
Article by Rachel Slat
Collaborative Practice is a fairly new process in Australia which helps couples with family law problems to find solutions out of court. It is usually quicker than going through the courts and is often more cost effective too. Importantly, it reduces bitterness and gives family members tools to create a workable future.
Lawyers are still involved, and the same laws apply, but at the start of the process, everyone agrees not to go to court or to threaten to go to court. Both lawyers must be specially trained.
The couple drive the process and their lawyers guide them to try to find their own solutions which are acceptable to each of them and work best for the family. This all happens in meetings between the couple and where the lawyers are always present. The approach in the meetings, and throughout the entire process, aims to be respectful, cooperative and open.
Experts can be brought in to assist, such as accountants and financial planners, counsellors, divorce coaches and psychologists.
When an agreement is reached, it is recorded in a legally binding way and, often the couple improve their communication with each other, which greatly benefits any children.
The success rate is high, with agreements being reached in a vast majority of cases.
Collaborative Practice can be used to solve both property and children's issues, but it does not only work for divorcing couples. De facto couples including same sex couples can use it and it is also particularly useful as a method to negotiate pre-nuptial agreements.
Several groups of collaboratively trained lawyers have been set up in and around Sydney to generate interest in Collaborative Practice amongst lawyers and throughout the community.
One of those groups is Central Sydney Collaborative Forum whose members are all experts in family law and most of them work in the Sydney CBD.
For more information about the collaborative process and the Central Sydney Collaborative Forum, visit www.sydneycollablaw.com.au
Article by a founding member of Central Sydney Collaborative Forum, Rachel Slat, Partner, Broun Abrahams Burreket, Family Lawyers www.bablaw.com.au