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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 is an approach to dispute resolution where both parties and their lawyers commit to resolving disputes without going to court. In Kingston, Australia, this practice is increasingly being used as a non-adversarial way to resolve issues surrounding divorce, property disputes, and other family law matters. It promotes open communication, cooperation, and respect, which can ultimately lead to amicable resolutions and reduced legal costs.
Although collaborative law emphasizes cooperative problem-solving, the advice and support of a lawyer is highly recommended for any of the following situations:
- Making decisions about property settlements and division
- Deciding on child custody and parenting arrangements
- Negotiating financial settlements, including child support and alimony
A trained collaborative law lawyer will provide invaluable legal advice and guide you through the collaborative law process while ensuring your rights and interests are protected.
In Kingston and the rest of Australia, Collaborative law exists within the broader context of Family law. The Family Law Act 1975 governs matters revolving around divorce, children's issues and property division upon separation.
Parties involved in collaborative law sign a participation agreement, guaranteeing their commitment to resolve disputes amicably outside court. The agreement also states that their legal representatives will withdraw from the case if either party decides to proceed to court, reinforcing the commitment to a collaborative approach.
Collaborative law fosters open communication and cooperation between parties, potentially leading to a faster, less acrimonious resolution of disputes. It often leads to better long-term relationships between parties.
Yes, collaborative law is voluntary. However, if you decide to back out and take the case to court, your current lawyers will withdraw from the case and you’ll have to hire new representation.
If either party fails to disclose relevant information, it could be deemed a violation of the participation agreement, and collaborative law process might cease. In such cases, your lawyer would withdraw from the case and you may need to proceed to litigation.
Yes, each party has their own lawyer who provides legal advice and supports them through the collaborative law process. These lawyers work together to facilitate resolution.
The costs may depend on several factors, including the complexity of the dispute and degree of cooperation. But generally, collaborative law tends to be more cost-effective as it avoids court fees and often leads to quicker resolutions.
Organizations such as the Law Council of Australia, the Australian Collaborative Practice, and the Kingston Law Society provide additional resources related to Collaborative Law. They offer articles, toolkits, and professional listings that can be beneficial for your legal journey.
If you feel collaborative law might be right for your situation, the next step is to find a legal professional who specialises in Collaborative Law in Kingston. Ensure they have been trained in collaborative practice and are registered with a professional body. Once you engage a collaborative lawyer, they will guide you through the process.
