Collaborative family law bring an alternative solution for families having a dispute that do not want to go through the expensive court system to resolve there problems. In collaborative family law, a couple will sort out the problem face to face with their lawyer. Collaborative family law is mainly used in divorces and matters regarding children and maintenance.
For collaborative family law to work it is important that the couple involved act in an honest and open manner. One of the most beneficial factors of collaborative family law is that you do not have to rely on a result which has been made by a third party, such as a judge. This means that the couple will remain in control and usually the outcome will satisfy both parties.
In collaborative family legislation, lawyers will advise both parties and work together in a bid to try and get the couple to agree to a result. Anything that is discussed within the collaborative law proceeding is private and cannot be used in court should proceedings progress any further.
The collaborative family law process begins with each party having a one on one discussion with their lawyer to explain what they would like to get out of the process. The lawyers will then meet and discuss what they have talked about with their respective clients. From here the couple and their lawyers will meet and they will have to sign an agreement which explains that both parties want the issue to be settled out of court. They will then go on to discuss what they want to work out in further meetings. If the dispute is about financial matters, these will usually be discussed at the end of the first meeting.
Following meetings will aim to get to the best result which both parties are happy with. The lawyers may decide to get outside help in order to achieve a result, for example from a councilor so they can have a more amicable relationship.
In the last meeting, all the information from the preceeding meetings will be bought together and the lawyers will explain to the couple how to make the agreements they have formed legally binding.
The process usually takes about six months to complete. This will vary from couple to couple depending on their circumstances. This is considerably less time then would be spent if the couple decided to go through the courts.
The main advantages of using this law are that the couple will remain in control of the process. The children’s needs will be put before all others so it can often lead to a better result for the children. The other main aim of the process is that it remains amicable so that the couple can continue to have a relationship after the process. Collaborative family legislation can also work out a lot cheaper than going through the courts.
Collaborative family law cannot be used in cases of drug abuse or violence. The overall costs of collaborative family law vary but average proceedings should cost no more than around 15,000 for both parties.
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