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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 in Hornsby, Australia, is a non-adversarial legal approach primarily used in family law matters such as divorce, child custody, and property settlements. This method encourages parties involved in a dispute to work cooperatively towards resolutions without going to court. It involves a series of structured face-to-face meetings between parties and their respective collaborative lawyers, where negotiations occur with an overarching commitment to avoid litigation.
Even though Collaborative Law promotes cooperation and negotiation, you still need sound legal advice to protect your interests. You may need a lawyer under the following circumstances:
- If you want a legal separation or a divorce and would like to avoid court proceedings.
- When agreeing on child custody terms and conditions outside the court system.
- In case you are dealing with property settlements after a separation or divorce.
You may also need a lawyer for professional guidance in the preparation of necessary documents or to ensure that all Collaborative Law procedures are correctly followed.
Collaborative Law in Hornsby follows the legislative guidelines of New South Wales. This includes The Family Law Act 1975, which guides matters related to divorce, child custody, and property distribution. In addition, the Law Society of New South Wales has a specific protocol for Collaborative Law, which sets out the principles of collaborative practice and guides practitioners in their conduct.
Collaborative Law allows the parties involved to maintain control over the process and the solutions instead of assigning this control to a judge, which is common in traditional court proceedings.
Because Collaborative Law aims to avoid costly and time-consuming court disputes, it can be less expensive than traditional litigation. However, fees can vary depending on the length and complexity of your case.
If the parties can't agree, they will need to hire new legal representation and go to court to resolve their disputes, making the process more adversarial.
No, not all lawyers are trained for Collaborative Law. It's important to choose a lawyer familiar with this approach and certified in collaborative practice.
Agreements reached through collaborative law are legally binding once they are formalised into a Consent Order or Binding Financial Agreement.
You can find helpful resources by visiting the official websites of Australian government agencies related to law, such as the Law Society of New South Wales, and other associations like Resolution Institute that provide insightful information and educational materials on Collaborative Law.
If you require legal assistance in Collaborative Law, look for a reputable law firm specialised in Collaborative Law in Hornsby. Ensure your chosen lawyer is experienced in this field and that they can explain the process clearly to you. Start by scheduling a consultation to discuss your situation and explore the potential benefits of the collaborative process in your case.
