Simple Divorce Advice

By Bev Clark
Traditionally when parties separate and they are not able to resolve their issues themselves (such as property, children, child and spousal support etc) they will usually each approach a lawyer to act on their behalf. If the lawyer they choose approaches the matter by trying to negotiate, the negotiation may take place through correspondence that can be lengthy and expensive. If that fails to settle the matter the parties will usually find themselves in Court presenting their case for a Judge to decide.
Whilst historically approximately 95% of family law matters settle, those that are conducted in an adversarial system such as the traditional approach taken by most lawyers and imposed upon us in Court, the settlements are often not a happy outcome for the parties. Frequently settlements occur after everyone has spent a lot of money and is either worn down by the process or financially exhausted. A new process is now available in South Australia called Collaborative Practice. Collaborative Practice was developed 20 years ago in America to accommodate the very special needs of separating families, who frequently need to preserve at least some level of a relationship for the sake of co-parenting their children in the future.

Collaborative Practice involves both parties being represented by a Collaborative Lawyer who directs 100% of their energy and expertise to settlement. They are not allowed to go to Court for their client and as such they ensure that they facilitate respectful and sensible negotiations specifically designed to assist the parties to find a solution that will be a win/win solution and that they can live with in the future. The intention is to ensure that the parties can preserve a respectful relationship in spite of the divorce. Sometimes the Collaborative Practitioners need to help their client to understand the long term benefits of a sensible settlement. The lawyers do not engage in a war of correspondence and instead host face to face meetings at which both parties are supported by their Collaborative Practitioners and all substantive issues are discussed.

Collaborative Practice has taken off around the world and like traditional settlements, the settlement rate is about 95%. The difference however is that of the matters that do settle, they have settled outside of the Court arena, with far less cost both financially and in terms of damage to the family than a Court process would involve. The experience reported by parties who have had successful collaborative outcomes is that they are less likely in the future to need to go back to lawyers to resolve future issues that may arise because they have learned better communication skills and they can deal with their future issues directly. Another advantage of the process is the guarantee of privacy as all negotiations are conducted on a confidential basis behind closed doors.

Further information about the process can be obtained from the International Academy of Collaborative Practice www.collaborativepractice.com or from the website of the Law Society of South Australia www.lawsocietysa.asn.au Bev Clark at Belperio Clark would also be happy to speak to anyone in relation to this process.
Please contact Bev Clark on(61) 08 8212 1322.

View original: A BETTER DIVORCE

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