Last year, almost 6,000 children under the age of 17 had parents who divorced.
Divorce is never easy. Trying to agree how to divide your property and negotiate childcare arrangements can take its toll. And, after separating, many couples still need to continue an ongoing relationship because they are co-parenting or in a business partnership.
The process you use to reach your agreement can make a difference though.
Collaborative practice, also known as collaborative law, can be very cost effective and help resolve your issues positively. Parties commit to reaching a resolution without resorting to the courts and we’re pleased to be able to offer this here at Aspiring Law.
So how does collaborative practice work?
First, decide if collaborative practice is right for you. You and your partner will each need to engage a collaborative trained lawyer to represent your separate interests.
The sessions are aimed at helping couples maintain a positive relationship with one another while resolving the issues. The facilitators work to promote respectful dialogue and empower couples to make decisions in the best interests of everyone involved. Sometimes other experts such as financial advisors, child, and mental health specialists attend the sessions too.
The initial meeting and goal setting
You each meet with your lawyers separately to discuss your individual goals and outline what you hope to achieve. If you have decided to appoint other professionals to help, you may meet with them beforehand too. Your lawyers will then come together to discuss the next steps and work out the logistics for you and make a timeline for when things will be completed.
Your first joint meeting
You, your ex-partner, and your lawyers meet for an initial session to sign a collaborative practice agreement. The agreement sets out the ground rules for the communication, including confidentiality and a commitment to follow the process. You make an agreement that all negotiations will happen face-to-face with everyone present. You also agree that neither party will issue court proceedings. If down the line, you do decide to go to court, you will each need to find new lawyers – that way the information you share in your sessions cannot be used against you later in court.
Gathering Information
The next step is to gather all the necessary information so you can make informed decisions. You may use the financial services of an accountant, financial coach, or mortgage broker to help you gather and analyse financial documents. Unlike traditional negotiation processes, you and your partner may instruct the same person to assist you both - this will help minimise any disagreements about the interpretation of financial documents and reduce costs.
Negotiation and Problem-Solving
Once the information is gathered, you and your partner will attend a series of meetings facilitated by your collaborative professionals. These sessions are designed to foster open discussions so you can reach agreements on various aspects of your separation like child custody, property division, and financial support.
Reaching Agreements
The negotiation process will help you work towards reaching an agreement on each issue. Your collaborative lawyers will ensure these agreements are legally sound and in your best interests. It's important to remember that you have control over the process and can tailor the agreements to fit your unique needs.
Finalising the Settlement
Once all the issues have been addressed and agreements have been reached, your lawyers will prepare the necessary documents to formalise the settlement and make the agreement legally binding.