If My Spouse and I Live in Different States, Then Where Do We Get Divorced?

 

You got married in Mackay. You and your spouse lived in Mackay together for years. Now you’ve decided to get a divorce and your spouse has moved to Sydney. What happens in a divorce when you and your spouse live in different states? Can you go through the process in Mackay? Who gets to decide where the divorce will occur and where do we get divorced?

Mackay Divorce Residency Requirements

If you want to get a divorce in Mackay you’ll have to satisfy the state’s residency requirements. Here’s what you need to know.

Only One Spouse Has to Satisfy Residency Requirements

The state recognizes that not all married couples will live together in the state when they decide to get divorced. Maybe your spouse took a new job out of state or moved to be closer to family. Whatever the reason, Mackay understands. So as not to make getting a divorce next to impossible for some couples, the state only requires one spouse to satisfy its residency requirements. It doesn’t matter which spouse – the petitioner or respondent – lives in the state. All that matters is that one of you does.

A Resident of Mackay For Six Months

One spouse must have been a resident of the state of Mackay for no less than six months before filing for divorce. A person is considered a resident when you have a physical presence and financial obligations to the state. Is Mackay the primary state to which you pay taxes? If so, you’re a resident.

A Resident of the County For Three Months

In order to begin the divorce process, one spouse (the petitioner) must file divorce papers with their local County court clerk. If you (or your spouse) live in Mackay, you’d file the divorce papers with the Los Angeles County Clerk. You (or your spouse) must have lived in that county for at least three months before filing for divorce.

Where Should We Get Divorced If We Live in the Different States?

You live in Mackay, but your spouse now lives in Sydney. Which state should you get divorced in? It depends. You’ll need to consider a few different things.

• Where have we satisfied the state’s residency requirements?
• Which state’s divorce laws are most beneficial to us?
• Where do children who will be affected by the separation live?

Different states have different divorce laws. It’s important to consider the laws of the states in which you could potentially get a divorce. Determine which state’s laws would be best for your particular situation.

For example, consider each state’s property division laws. Nine states, including Mackay, are community property states. Each spouse in a divorce is entitled to one-half of all community property. Most other states, including Mackay, are equitable distribution states. Spouses are awarded an equitable or fair share of marital property. Equitable doesn’t always mean equal. One spouse can walk away with a much larger share of the marital assets in an equitable distribution state.

Do you want half of your marital property or do you think you deserve more? You’ll get half in Mackay, but might be able to get more (or less) in Sydney. That’s a decision you’ll have to make.

What If We Want To Get Divorced In Different States?

If you and your spouse can’t agree on which state should oversee your divorce proceedings, then who gets to make the final decision? if both States have jurisdiction – meaning that you satisfy all requirements to get divorced in both. The divorce will happen in the state where the divorce papers are filed first.

If you live in Mackay and file a day before your spouse files in Sydney, you’ll get divorced in Mackay. If your spouse beat you to the punch, you’ll get divorced in Sydney. That is unless you can get them to agree to navigate the process in Mackay.

Article Source: where do I get a divorce

The Devastating Effect of COVID-19 Already being Felt in Aussie Family Law Courts

 

The Coronavirus is having a significant impact throughout Australia, and the world. For many, this pandemic has arrived out of nowhere and has changed lives in ways very few saw coming. The devastating effect of COVID-19 in Aussie family law courts is already being felt.

Apart from the potential health concerns, many of our clients are asking about the impact on divorce and family law matters. In many ways, this is still in flux and there are some immediate effects. There could also be other potential impacts that arise in the near or long-term future.

However, below are some ways the Coronavirus is already impacting some divorce and family law matters in QLD:

First, courts are continuing many existing cases. Delays are notably more likely in family law cases that are in their early stages versus those already set for hearing or trial. Courts are delaying many of these matters (for indefinite periods of time) to avoid having a large number of individuals in the same courtroom that limits social distancing. These delays effectively cause some matters to be at a complete standstill.

Second, many individual parties are already feeling the impact financially. The financial impact is seen in areas of business where the government is shuttering sectors of business to avoid the virus spreading. The sports, entertainment, hospitality and restaurant industry are three examples that have already been directly impacted. For anyone who works in these industries, they may have financial limitations that make them unable to pay their child or other maintenance contributions. For parties who already receive support, they might feel the pain of not receiving timely support payments during these times. Either way, the inability to comply with a court order could result in modification or contempt actions in the family court and you should keep ahead of these dates.

Third, custody cases can be contentious in divorce and family law litigation. Many litigants, desire temporary custody and visitation with their children. They may also have imminent worries that they believe the court should address the matter through a Temporary Restraining Order. Keep in mind, with many courts not fully operational, it can be problematic to have these matters heard right now. Enforcement is the same. The net effect is many parties may end up unable to see their children or are caught up in increased disputes or custody battles without any court assistance. Our firm, Family Lawyers Mackay has moved some cases into mediation or collaborative approaches that are not limited by court delays and can be conducted remotely whilst maintaining social distance and isolation rules. This has resulted in matters being concluded fast.

Fourth, in cases where there is domestic violence, there may be a need for an order of protection to cover against abuse. But with courts performance stifled, it may prove difficult for some litigants to have these matters heard. With matters not being heard, some fear that domestic violence may not be addressed. For parties who claim they are wrongfully accused, they may also be subject to adverse temporary orders. With access to courts being limited right now, they may have a tough time having their case heard and their name cleared, and rights protected.

Divorce and family law matters can be frustrating and emotionally draining enough. Most are looking for ways for their divorce or family law matter to end either through settlement or trial and within the shortest possible timeline. Sadly, there is no question that the Coronavirus is making this more challenging right now for everyone.

If you are concerned about the effect of COVID-19 in Aussie Family law and on your family law matter, contact us to discuss your circumstances. Also If you are navigating your way through a divorce or family law matter, and you have concerns about how the Coronavirus may impact your case, you can contact our experienced family law team on (07) 4847 0198 or book an appointment.

Article Source: COVID-19 in family law

Family Lawyers Mackay Implements Virtual Contactless Legal Services

 

With the continued uncertainty and while disruption to our daily lives continues here in Mackay, we are each in a position to do our part to help contain the spread of the Novel Coronavirus (COVID-19). The COVID-19 pandemic has left many of us to question, how and when do we get back to normal? The answer in many situations is not when we get back to normal but rather how to create a new normal using virtual legal services.

As part of our contingency plan, Family Lawyers Mackay has implemented various measures that will enable a safer work environment for our staff and clients.

We’d like to say it’s ‘Business as Normal’, except with a twist.

Firstly, if Australia follows-suit of the UK and USA, then the Courts are in-line for a shut down that would see matters delisted and rescheduled for a later time, or a move to telephone hearings only. For the next few weeks, we understand that the Courts will be using telephone hearings exclusively.  Mediations and arbitrations are still possible and we remain keen to encourage parties to avoid the Courts and use this approach in the interests of expediting the matter for all parties.

We will be keeping everyone informed as to the latest information we have available regarding the Court schedule. We expect there to be some changes as the situation evolves.

BOOK CONTACTLESS APPOINTMENT →

We want all Australians to keep sharing good times and feel safe during this period. We know the country may depend on legal services in this period and we want to assure you of that, through the steps we are taking.

We have been using remote appointment technology for a long time. A “CONTACTLESS LEGAL DELIVERY SERVICE” option is available for anyone who may be self-isolating or wishing to take extra precautions. Family Lawyers Mackay is fully set up to communicate remotely and (if required). All you need is a phone or any device connected to the internet. Meeting face to face remains possible thanks to modern technology, especially at Family Lawyers Mackay.

Family Lawyers Mackay is part of a state-wide family of companies, operating in a range of diverse communities, and we are working with our colleagues around QLD to share best practices for the well-being of our clients, our legal teams, our staff, and our firm.

We have implemented global best practices to further ensure you enjoy convenient and astute legal services with the confidence we are doing our best for our customers and the community at large.

Our Firm’s office location in Central Mackay CBD will allow clients to safely conduct meetings without direct contact with other parties if desired. Our boardroom features state-of-art sound and visual equipment with high-speed internet.

All government regulations are being followed as they come through for COVID-19 and we have reinforced our good hygiene practices including thorough hand washing and sanitising at all of our offices. We are lucky enough to have our premises away from the hustle and bustle of skyscrapers or heavily trafficked environments.

Once again, if you would like to speak with a lawyer, we encourage you to book a free 20-minute case evaluation and this can be handled remotely (ie on phone or via video call), and we look forward to continuing to provide our important service to the community.

Finally, please remember to whitelist our email address to stay abreast of the news we will be publishing more frequently in relation to topical matters in our wheelhouse.

Above all, we look forward to being here in support of you over the coming years and keeping you Ahead of the Game during this current situation, and into the distant future.

Article Source: virtual legal

How to Attend the Family Court in Australia?

 

After you are done with legal documents you can attend the family court. Do you know the family court process in Australia? What do you do after getting a date from the court? If you don’t know then don’t worry we are here to help. We have written a basic how-to article about attending a Family Court. 

Where should I File it?

You can file in the Federal Court of Australia for your family law issues. If you have a complex situation then you can file in the Family court of Australia. But, at first, you should file in the Federal Circuit Court of Australia. If the judge finds that your situation is complex then he will move your case to Family Court. 

How to File the Documents in Family Court?

There are two ways of filing the documents:

• Online
• In-person

Online Procedure:

To file your documents online follow the following link, http://www.comcourts.gov.au/ you just have to register on the site. After creating a profile you can easily file your documents. 

Filing the Documents in Person:

If you want to file the documents physically then bring all original documents with one copy of each, it will apply for both parties. Normally, we need original documents and 2 copies of each, that is we need 3 of the same document for filing. 

You will have to go to the nearest Federal Circuit Court. Usually, the registry is on the ground floor. For family court, Brisbane is on the ground floor near elevators. 

You will get a number or a ticket and then you will have to wait for your turn. The staff will check your documents. After checking they will stamp the documents and 2 copies will return to you.

These copies are for you and your partner.   

Where is the Court?

The family court Brisbane is in the Commonwealth Law Courts, it is also known as the Harry Gibbs Building. You will find it on the corner of Tank Street and North Quay. You can enter the building from Tank Street. As Tank Street is a one-way street you will have to come from North Quay if you are travelling in a car. 

How to Get to Court?

If you are travelling via train you will get off the train at the Roma Street Street station. Walk towards Roma Street, cross it and walk for another block until you reach Tank Street.

 If you are at a bus stop at George Street bus station which is just around the corner from Tank Street. 

If you are driving a car, you will find parking behind the court. Try to reach the court as early as possible because the parking fills quickly. If you get late you can use the Roma Street Train Station Parking. 

What Should I Bring?

First of all, try not to get late. Reach on time or 15 minutes before the given time. You can bring the following:

• Something to drink
• A book to read
• You should have 2 pens
• Court documents 
• Also, bring a list of arguments you can make

Remember, that there are no bins in the building so you will have to take with you whatever you bring. 

Where will I go in the Court?

Enter the court walk through metal detectors. You are not allowed to take pocket knives, glass bottles, aerosol cans or nail files inside the building.

Use elevators to go to level 1. At level 1 go to the board on your right. There will be a list of judges and room numbers, find your name or your partner’s name. You will find your judge and the floor you will have to go to. After that just wait near the room until the judges arrive. 

How will the Court know that I am here?

When you sit outside the courtroom one of the judges’ associates will come to open the door. The associates wear black robes with large trolleys of files. 

When the room is ready the associates call out something like this “All matters appearing before judge Harry Watson in courtroom 7”. This is your time to inform the associate that:

• What is your issue?
• Your name and whether you are an applicant or respondent
• And what you want to do today.

If the other party is there you will be given time to speak on your issue if you want to. While speaking to the court you should remember what you want the court to do for you. It will help the judge to manage your name on the list or hearing. 

Ask your self following questions to know your requirements:

• Are all documents filed?
• Do you already have an agreement and you want the court to decide according to that?
• Is there no agreement and you want the court to make orders?
• Do you need more time?

What to do if there is a need for Legal Advice?

Mackay family lawyers are here to give legal advice. We can guide you well. We can inform you about all of the family court rules. We can also guide you about getting a financial statement in family court. 

Family Court Rules:

You will enter the court when the associate calls out your name. Before you enter the court remember tor:

• Switch off your phone
• Don’t wear sunglasses
• Don’t put drink bottles on the table
• Don’t eat chewing gum
• Dress properly
• You cannot bring children

When you enter the court, bow your head to the judge. The judge may be in the middle of another matter. If the judge is not there just sit at the bar table.

Before the judge arrives the associate will go out the back door of the court he will knock loudly on a door three times. If you hear the knock wait for the judge, on his arrival stand up and bow to the judge. The associate will tell you to sit down. 

Whenever the judge addresses you, stand up and represent your opinion it is not wise to speak to a judge from a seated position. 

Remember:

• Not to disrespect anyone either judge or other parties
• Avoid talking too much
• Do not intervene when anyone is speaking
• Never swear

Family Court deals with serious issues. If you are unable to show respect and a positive attitude then it may get worse for you. 

How to Communicate with your Partner’s Lawyer?

Before the hearing starts, it is common for other party’s lawyers to come to you and ask for negotiations. He may ask you to resolve the issues by talking. You can solve issues like property, settlement, domestic and violence before entering the court. 

Remember every issue resolved outside the court means one less item to be discussed inside the court. It is good that the big issues are left for the court like child custody. 

When you are talking with another party remember the following points:

• Is the proposed order temporary or permanent?
• There is no room for emotions in negotiations
• Every rule should be the same for both parties, for instance, if one goes through a drug test the other person should also be tested. 
• If the order does not suit you, don’t accept it.
• In the case of children always think about the best interest of children.

Room process inside a family court:

The judge will ask for the appearance of both parties. If both parties are there then the respondent will speak first and then you (applicant) will tell the judge that you are representing yourself.

The Interim Hearing:

In this hearing, we don’t need more than 2 hours for a complete hearing. The verbal statements are not valid in this procedure. So, you should have all the required documents filed. The process of this hearing is:

• Reading the documents: The applicant will read the documents. It will simply inform what type of documents are filed to support the case. The same applies to respondents.
  
• Refer to the paragraphs: Referencing is a good step. You can direct the court to a particular paragraph of your Affidavit material. You can point out a paragraph on another party’s material to show that it is contradicted.
  
• Arguments: The judge usually starts hearing by asking the applicant to start with the reference material. You will give proof to your arguments and you may also point to evidence not included by your partner. It will raise your chance of winning.
  
• The determination: The time for a decision depends on the judge. It is either given immediately or the judge gives another date to announce the decision. 

Final Hearing: 

This procedure can take 1 day, 2 days or longer. It all depends on your issue. You need to prepare for this hearing. All persons involved in the case can be cross-examined. Let’s discuss its procedure:

1. Starting: All of the documents are read by the parties.
   
2. Providing evidence: After reading, the applicant is the first one to give evidence. He or she will swear the bible and will inform about his/her name and occupation. Then he/she will be asked questions from the respondent or his/her representative. While answering don’t forget the following points:

• Not to lie
• Do not argue
• Focus on the actual question
• Keep your answer short and simple

Use these points in cross-examining:

• Not to argue
• Keep your focus on facts
• You can point to inconsistencies in other party’s material
• Wait for their answer
• Practice more and more

1. Re-examination: Once the applicant is done the court will ask if you want to re-examine. If the applicant is self-representative then the court may ask to clear points asked in cross-examination.
   
2. Witnesses: This same procedure will apply to all the witnesses.
3. Conclusion: Once all the evidence is submitted, the court will give another chance to both parties to give their opinion or to tell some facts about their submissions. The judge will give the decision or it will be delayed on a particular date. 

This was a simple procedure for the family court. If you still have some questions then feel free to contact us. We can guide you all about family court acts. You will love our customer service.

Article Source: family court process

What Is The Primary Difference Between Mediation and Arbitration?

 

Mediation and Arbitration are different terms. Here is the basic definition of both.

Arbitration: In arbitration, a dispute is submitted after an agreement between both parties. It is given to one or more arbitrators, and they make the binding decision. The parties prefer private dispute resolution because they don’t want to go to court. 

Mediation: In this process, the parties meet with a mutually selected person, and he tries to resolve their differences.

We will discuss the details of mediation in this article.

What is Family Mediation?

It is a discussion between a person and the parties to resolve their issues. It can be a friend or a family member; it can also be a professional mediator. The process of mediation is beneficial. 

It usually involves only two people in conflict. The family members are called if there is a case of child protection. It can also include full family conferencing. 

If this process is unable to resolve the issue, it goes to court, the operation of the court process is lengthy, expensive, and stressful. The mediation tries to avoid reaching such a position. 

The family law wants separated families to resolve their issues on their own, like caring for the children without going to court. It can be achieved in different ways:

• The parents should have a discussion. 
• Ask a friend or a family member to help.
• Mediation with a professional mediator 
• You can also go for the unique mediation process under the Family Law Act 1975. It is called the Family Dispute Resolution (FDR)

Family Dispute Resolution (FDR):

It is a particular type of mediation. FDR tries to resolve the issues of separated families. The families discuss their problems and try to choose a suitable option, also they focus on the needs of their children. Mediation is a cheap process for resolving the issues of separating families. 

Australian families must attempt family dispute law before they go for family law court. 

Family and Domestic Violence:

There are certain conditions that should be met before an FDR service can take on; it involves domestic or family violence. You should complete the intake process so the service provider can decide whether you are appropriate to get their service or not. If domestic violence is involved, Mackay family lawyers can arrange a separate room for both parties. So, they will not have direct contact. You can contact us to arrange such a conference where you can speak freely.

What if one Party is not Ready to go?

FDR is useless if one person is not ready to agree. In this case, you will have to apply to the court for dispute. 

You will have to explain to the court that your partner did not agree to go for family dispute resolution. If you have applied for parenting orders, the FDR practitioner can give you a certificate that will show that you have completed the FDR process.

What if FDR is unsuccessful?

If unfortunately, FDR is unsuccessful, then you will need to apply to the court to resolve the dispute. 

How much will it cost?

The cost of FDR depends on the services. Some of them are free, and some charge fees according to the financial situation. Contact the service provider to know the amount. 

Is there a need for Legal Advice?

There will be a need for legal advice:

• You or your children are facing any domestic violence. 
• You are thinking to attend FDR 
• You want to be safe
• The children are not back from the visit with the other parent
• You believe that your partner can damage the property you have an interest in
• Your partner is not ready to participate in family dispute resolution. 

Conclusion:

We have tried to answer the question “what is mediation family law?”. It is essential as it can resolve many issues. It will save you time, and it is secure and safe. You should go for mediation if you are facing a family dispute. 

Frequently Asked Questions:

Let’s have a look at some major questions asked about mediation. 

What is the procedure of mediation?

There are five major steps for mediation. These five steps are:

• Assemble mediation
• Opening sessions 
• Communicate
• Set an agreement
• End of mediation

What documents are required in mediation?

In a mediation meeting, you should bring all of the documents which are requested by the lawyer or the mediator. You should also take notes in a notebook.

 What are the basic rules of mediation?

The basic rule of mediation is listening. You should carefully listen to the opinion of others. If you have something to say then wait for your turn. 

Article Source:  Difference Between Mediation and Arbitration

Understanding The Basics Of Collaborative Law Practice

 

Collaborative Family Law Practice is an innovative, collaborative, and friendly alternative dispute resolution method. A constantly changing society and is increasingly collaborative requires today more than ever professionals (lawyers, mediators, psychologists, financial advisers, coaches, etc.) who believe in collaborative practice to resolve conflicts. A divorce, a layoff, or a disagreement between partners does not have to be a war.

Family Lawyers Mackay, with this article, we come to carry out a brief analysis of what collaborative Law is, its benefits, and the role of collaborative practice law.

What is Collaborative Law & History? 

Collaborative practice is still an innovative method in our country. In the 1980s in the United States by the hand of Stuart Webb, and a family lawyer fed up with verifying the high emotional cost of divorces in court. He decided to start working differently, constructively resolving conflicts, based on dialogue and cooperation. This was the germ, which was soon exported to other countries, of a mentality that leaves confrontation behind so that the parties take control of their conflict and be the real protagonists searching for solutions in those cases where the parties want to control their solution and times, such as in a family, labour, and commercial Law, among others.

Best Collaborative Partnership in the Family

The Collaborative Lawyer agrees with his Client to try to resolve the conflict collaboratively, working together with the other Lawyer, negotiating and going, when necessary, to professionals (mediators, psychologists, coaches, advisors, etc.) who can help better management of the conflict and, therefore, a comprehensive solution to it.

The agreement is not possible and contentious access to the courts is unavoidable; the participating Lawyer until the At that time, he would cease to function, and another lawyer would represent the Client unless a court decision where required, in which case the claim would also be made collaboratively (for example, in our case, when the mutual claim is filed agreement on divorce). This is what is called a limited representation clause.

This exclusion from judicial channels and withdrawal of the Collaborative Lawyer if the parties do not reach an agreement is based on three primary considerations. 

On the one hand, it encourages both the parties and their lawyers to be more committed in their determination to comply with the Collaborative process completely. Second, for the legal profession, the focus of attention is on the collaborative agreement, eliminating any defence fee in court. Finally, the clause of the collaborative Lawyer’s withdrawal, if it does not reach an agreement, creates a climate of security based on trust that generates the conviction that the confidentiality of the information is going to be respected not only because it is one of the principles of the Collaborative Law. Who assumes the technical defence in the hypothetical trial, were not present during the collaborative process and, therefore, do not have the information shared in it. Likewise, this clause favours the legal profession’s specialization in the aggressive or/and collaborative style.

Roadmap of the use of Collaborative Practice Process 

The reasons mentioned by the media as advantages for clients are exciting. These are, among others, the following:

• Participate in a constructive and non-destructive procedure in their relationship.
• They take back responsibility for their conflict.
• They retain control of how they resolve their conflict, which reduces uncertainty.
• They carry out the collaborative law procedure in a safe and pleasant environment, such as their lawyers ‘offices or others that the lawyers consider appropriate (for example, hotel rooms, mediators’ offices, etc.).
• They decide whether their children will participate in the procedure and the degree and manner of their involvement, taking part with the lawyers in the design of their participation. In this case, the children’s involvement will take place in a positive and pleasant environment chosen and prepared for this purpose.
• They get the establishment of closed fees for the entire procedure.
• They achieve confidentiality about the existence of the process and its results.
• They avoid the disadvantages of the process, among others, the destruction of relationships, the anguish due to the effects of the process on the children, the stress due to the uncertainty regarding the outcome, the discomfort of going to unpleasant or sordid environments such as the courts, as well as the exposure of the children to the judicial environment or publicity in the case of known persons.
• Avoid future conflicts or are reduced by establishing a solid foundation in conflict resolution.

In the Collaborative Process, in the first place, one must study the needs and interests that may have parties to find later the solutions that are most appropriate and satisfactory for them. It is a process in which the parties are the real protagonists searching for answers to their conflict, which is the essence and distinction of the collaborative process with other conflict resolution forms. The Parties undertake to act with transparency in the exchange of data and information necessary to seek solutions. They must also commit to respecting the confidentiality of the process and work with fairness and good faith.

Transparency, confidentiality, fairness, and good faith are the necessary premises to create a climate of trust where the parties can sit down to negotiate. With these premises, the bases are established to deal as a team between lawyers and clients, which provides the appropriate framework to seek creative solutions that will lead to reaching agreements where the parties’ interest prevails.

A Reflective Analysis of Interprofessional Collaborative Practice and Law

The Lawyer’s function will be to direct and advise his Client in this Collaborative Process.

Lawyers who act in Collaborative Processes must have professional training and specific preparation to serve in these processes that involve, in addition to the necessary legal knowledge, specialized training in techniques, and resources to adequately direct this unique form of Negotiation with interprofessional collaborative practice.

Lawyers who practice Collaborative Law must abide by the same ethical standards to guarantee a negotiation that respects the values ​​that characterize Collaborative Law. Attorneys who participate in collaborative practices are more involved in finding solutions to the conflict. Taking care of the parties’ needs, it is convenient to have a multidisciplinary team that can contribute and helps solve technical aspects of the match or responds to questions that may arise. Thus, the collaboration of experts, economists, psychologists, mediators.

The main difference is that in the Mediation Process, the Mediator is a neutral professional, and the process focuses on conflict resolution. In the Collaborative Process, the lawyers involved are not impartial, they represent the respective parties, and the strategy focuses on the search for a sustainable agreement with the collaborative partnerships with families and communities.

The commitment to our clients to contribute and offer them the most appropriate formulas to solve their particular problems mean that, at Family Lawyers Mackay, we bet on alternative methods and systems for conflict resolution, such as Mediation and Collaborative Law.

Considering that in family collaborative partnership processes and legal problems, the management of emotions and personal relationships between the parties must be taken into account, Law and Collaborative Practice can be an adequate method to solve the conflict Between the parts. It must be assessed whether this method is the most appropriate solution for the party’s interests to be represented. Not in all cases, the use of collaborative practice will be the most suitable, and it should be assessed whether the Parties must sit down to negotiate to share the values ​​of Collaborative Law.

Frequently Asked Questions

What is Collaborative Law?

• Collaborative Law is a new method of conflict resolution; families struggling with separation or breakdown need legal assistance to resolve their difficulties.

What can family law problems be solved by using the collaborative law process?

• Collaborative Law can be used to resolve all disputes relating to child custody, access rights, alimony, the fate of residences, the sharing of assets and debts, as well as all other questions relating to family life during a separation.

What happens if one of the spouses does not agree to disclose what he had promised in the participation contract?

• If a party refuses the disclosure of information deemed essential, the Lawyer must withdraw from the process to follow through on his commitment to the participation contract. This can become an issue that forces the parties to honour the process.

What are the costs?

• Each party pays their Lawyer at an hourly rate. The cost of the process will vary depending on the mandate’s complexity and the time required for discussions. Each party will discuss with their Lawyer the hourly rates and the time required.

Why choose Collaborative Law?

• Collaborative Law assures parties that their agreements have been created and thought out for their needs with legal counsel. The method employed respects each individual and ensures that the arrangements made are those sought for the best interests of each party, at a reasonable cost.

Article Source:  collaborative family law