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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 a legal framework where parties involved in a dispute agree to resolve their issues without going to court, using negotiation and mediation. In Maylands, Australia, collaborative law is widely used in handling family disputes, including separation and divorce, child custody arrangements and property settlements. This legal process emphasizes cooperation, mutual respect and equity, aiming to achieve an acceptable solution for all parties.
Though collaborative law aims at an amicable solution, the issues being addressed can be complex, and the stakes can be high, especially in cases of family disputes. Having a lawyer not only helps you understand your rights and responsibilities but also ensures your interests are protected. You need a lawyer to provide comprehensive advice, assist in negotiations, draft and review agreement terms. In the event that the collaborative process fails, your lawyer can guide you through court proceedings.
In Maylands, Australia, Collaborative Law practice is regulated by both the Family Law Act 1975 and professional conduct rules. The Professional Conduct Rules stipulate that the lawyers involved in the collaborative process are prohibited from representing their clients further if the process collapses and goes to court. The Family Law Act recognises agreements reached through collaboration, making them legally binding.
This process involves meetings where you, your partner and your respective lawyers talk through issues aiming at a mutual agreement. It may involve other professionals like child psychologists, accountants and property valuers.
The timeline for a collaborative law process can vary greatly depending on the complexity of the issues and the willingness of the parties to cooperate. It can take anywhere from a few weeks to several months.
If you decide to change lawyers during the collaborative process, you'll essentially be terminating the process. You would then have to initiate a new process with your new lawyer.
Costs involved include the professional fees for your lawyer and any other professionals involved. These costs vary depending on the length and complexity of the process.
While Collaborative Law can be an effective option in many cases, it might not be suitable where there is a history of family violence, serious power imbalances or severe conflict.
The Law Society of Western Australia and Maylands Family Relationship Centre are excellent resources for individuals seeking more information about Collaborative Law. These organizations can provide referral services and practical resources.
If you need legal assistance in Collaborative Law, it's advisable to consult with an experienced lawyer in this area. Prepare yourself for the initial consultation by gathering all relevant documents and information. Following the meeting, your lawyer will guide you through the process and let you know the necessary steps to proceed.
