Joseph Craig
With the new method that offers couples the chance to divorce without court and separate with dignity, many practitioners have started embracing the process of Collaborative Law. Therefore, this clearly shows that there is a quiet revolution that is sweeping through family law in Australia. It encourages participants to have control of the separation process; hence this makes it the cornerstone of the Collaborative process. This year marks the 10th anniversary of Queensland Collaborative Law and also 25 years of Collaborative Law’s existence although a surprising number of practitioners and their clients are still kept in the dark as to its benefits and how it works.
Unlike the conventional divorce process that requires the parties to give their pledge to the judge for his or her final decision, the Collaborative Law also known as Collaborative Divorce gives the parties the chance to sign a pledge and reach an agreement on their own. Therefore, this entails that all of the parties including lawyers and clients commit to fight for a resolution made out of court. Although divorce ends marriage, responsibilities remain as usual when there are children involved. While all parties are assured of embracing new lives, Collaborative Divorce helps minimise conflict. As a matter of fact, it is all about untying the knot of a relationship and not hacking at the rope.
It is highly advisable that lawyers work together in order to show that co-operation can make the divorce process more productive and also correct the negative light portrayed by some sections of the mainstream media. The Collaborative Law is said to be more advantageous as compared to the traditional process because it gives immediate outcome or the matter can be resolved within a few months whereas the court process may keep the parties waiting for several years in order to get an outcome in case mediation doesn’t work. With the Collaborative process, work is made easier because it is upon the parties and their lawyers to identify a resolution that is mutually acceptable and work towards achieving it.
In addition, without having the time to discuss things with professional advisors apart from their lawyers, parties can find formal mediation requiring them to make major decisions on their own. On the other hand, the matter will be taken back to the Federal Circuit Court if the parties find it hard to reach an agreement on their own.
