Divorce Guide

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Collaborative separation and divorce in Australia

Collaborative separation and divorce in Australia is an innovative method to solve disputes. In the Collaborative practice, disputes are solved out of court. The collaborative practice includes co-operation from all the people involved. It aims at protecting interests of both the parties and the children involved in Divorce and separation in Australia.

Divorce and separation in Australia is actually led by the practitioners. In Collaborative divorce, a group of people are involved. This group comprises of people like lawyers, psychologists, etc.

Principles governing Collaborative process

There are certain principles that govern the Collaborative process. The person going in for collaborative arrangements have to sign a agreement of participation. The agreement contains the following:

  1. Avoid going to courts
  2. Think about the future instead of the past
  3. Have mutual respect
  4. Prioritize on the best interest of the children
  5. Communicate freely and frankly
  6. Listen about concerns and issues
  7. Resolve issues by mutual consent
  8. Open to all possibilities
  9. File consent orders

Elements of Collaborative team

The Collaborative process involves a team of members. These members are:

Collaborative family lawyers

The Collaborative family lawyers are trained lawyers in Collaborative process. They advice their clients and give independent opinions. These lawyers have amazing problem solving skills. They have good communication skills and discuss issues relating to divorce and separation with their clients. They discuss children and related issues and support their clients. In case, when the situation arises to take decisions, they consider all the points. All the disputes are settled with understanding and co-operation.

Collaborative family dispute counselors

These are psychologists with expertise in family matters. They counsel their client on family matters with respect to divorce and separation. They also provide emotional support and converse about shared parenting and other similar things.

Collaborative process

The collaborative professionals meet their clients and discuss things. They also conduct four way meeting. Both the parties along with their respective teams work towards a settlement in this meeting. The meetings are conducted out of the court. Negotiations are done and options that benefit both the parties are discussed. All persons involved work as a team reaching one goal instead of opposing each other.

In case, any one of the spouses approaches the court if a settlement is not reached, the counselors will have to withdraw. In these cases, the counselors get replaced by new lawyers. The counselors do not in any case represent their clients in court cases.

Thus, the Collaborative process is very constructive in nature. Collaborative separation and divorce is a new concept in Australia. It is the best alternative to litigation and an excellent mode of solving disputes.

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