Family law disputes can be stressful, destructive and unproductive . At best, the experience is one of having lawyers, judges, experts, etc. make the important decisions for you and your family. All too often, family court litigation increases anger, suspicion, fear and anxiety that may already exist at the time of a separation.
Collaborative family law is a better choice for many people faced with family law disputes. Both the parties and their lawyers sign a contract that they will not go to court. This provides an extra incentive for the parties, and the lawyers, to resolve all issues by way of Separation Agreement.
At the heart of Collaborative Family Law is the belief, shared by the parties and their lawyers, that it is in their best interests and the best interests of the family to resolve differences with minimal conflict and without going to court.
Collaborative Family Lawyers will:
- help resolve disputes without resorting to adversarial techniques or tactics
- to understand concerns of both parties, and help them both achieve positive solutions for them as individuals and their family
- focus on solutions, not on posturing and rhetoric
Through settlement meetings conducted with your collaborative family lawyers:
- You will identify the issues that need to be addressed
- You will receive legal advice from your collaborative lawyer throughout the process
- You will exchange the necessary financial documents
- You will discuss your differing perspectives
- You will develop and consider creative solutions
- You will have each have independent legal advice from your respective collaborative lawyer
- You and your spouse will make the decisions and have control over the outcome, timing and resolution of your family law issues
The result will be an agreement that reflects the needs of both parties and the family, and not one that is imposed upon you.
The collaborative family law process works when it is more important for you to solve problems and work privately towards fair solutions rather than arguing publicly in court. In the adversarial court system, both parties will pay increased legal costs and there is an increased risk that neither party will be awarded what they are seeking. By fighting with one another in court, it is unlikely that the parties will ever have an amicable relationship, let alone be able to positively co-parent.