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Browse our 1 legal question about Collaborative Law in Australia and the lawyer answers, or ask your own questions for free.
Collaborative Law, also known as collaborative practice, divorce or family law, is an alternative dispute resolution method based on cooperation between both parties and their lawyers. In Frankston, Australia, Collaborative Law is used mostly in divorce cases and other family law matters, but it also extends to civil and commercial legislation. The process requires each side to have a lawyer, with the aim of resolving the matter without going to court. It boasts an amicable way to resolve legal disputes where all parties involved try to find the best possible solution.
Though Collaborative Law seeks a peaceful resolution, it's still complex. The presence of a lawyer ensures that your interests are aggressively championed and protected. You may need a collaborative lawyer for various situations, including but not limited to separation or divorce, child custody or support issues, alimony disputes, and division of marital property. A lawyer will also facilitate clear and unbiased communication between both sides.
Frankston, Australia has clear regulations related to Collaborative Law under the Family Law Act of 1975. This act stipulates that all family disputes, including divorce, child custody, and property separation, should be resolved amicably outside courtrooms. In case of failed negotiations, the law dictates that such matters can then be escalated to a court. Further, the law identifies that lawyers participating in the collaborative process cannot represent their clients in court if collaborative negotiation fails, ensuring that they remain committed to reaching a resolution outside court.
Collaborative Law is a legal practice where both parties to a dispute agree to work out their differences outside court. With the assistance of their respective lawyers, the parties aim for a peaceful settlement.
If both parties cannot reach an agreement through collaborative law, then the matter can be taken to court for litigation. However, you would need to seek different lawyers as the collaborative law lawyers cannot represent you in court.
There is no set-time for the process. The duration of the collaborative law process depends on the complexity of the issues at hand and the willingness of both parties to compromise and reach an agreement.
Generally, yes. Collaborative Law is typically less expensive than going to court, but costs can vary depending on a variety of factors including the complexity of the issues and the lawyers' fees.
Yes, a trained collaborative lawyer is required for each party. They guide the parties through the process and help them navigate the negotiation.
Legal Aid Victoria provides helpful information on Family Law and Collaborative Law. The Law Institute of Victoria also provides insight into the use of collaborative law and local seminars.
If you believe you need legal assistance in Collaborative Law, start by identifying a reputable collaborative lawyer. Consult with them to guide you through the process, ensuring that your interests are well represented and protected.
