Collaborative Family Lawyers in Sydney

O’Loan Family Law firm was founded on the belief that everyone deserves access to justice, regardless of income or social status. We understand that going through a family law matter might be a difficult time. This approach extends to collaborative law, which allows couples to resolve their legal issues together rather than having to hire separate lawyers.

By working collaboratively, both parties gain more information about each other and learn to communicate better. As a result, they often reach agreements that would otherwise require years of litigation.

Collaborative lawyers offer a unique approach to resolving family law issues such as property settlement, family violence, divorce applications, and defacto relationships.

 

What Is Collaborative Family Law?

The concept behind the collaborative law process is simple: two or more parties come together to negotiate their divorce settlement. This means they don’t go through court proceedings. Instead, they meet with lawyers and other professionals who help them reach a mutually beneficial agreement. The lawyers agree to attend what is often called “four-way meetings” where negotiations take place. 

Collaborative family law means working together partner or spouse to reach decisions regarding children and finances. This type of family law allows both parties to share responsibility for raising their children and managing their financial affairs.

A collaborative approach to family law can benefit everyone involved. For example, it is an attractive option for parents who want to raise their children without going through the stress of court proceedings. It also benefits children who get to spend time with both of their parents instead of being split between them.

We have extensive experience in collaborative divorce, which is a specific type of collaborative family law.

The collaborative divorce process typically begins with an initial meeting between the parties and their respective lawyers. During this meeting, the parties will discuss their goals and priorities, as well as any concerns they may have about the process. The lawyers will then work together to create a time frame and a plan for moving forward.

 

Collaborative Family Law Process

This process takes several months, during which time the couple meets regularly with the lawyer assigned to them. The lawyer helps them build a relationship based on mutual respect and understanding. They discuss the strengths and weaknesses of their case, and they develop strategies for resolving their differences.

Ultimately, the goal is to achieve a mutually acceptable outcome that benefits both families. However, this form of divorce does come with its own set of challenges which must be overcome by each party involved.

  1. The first step is to make an appointment with your lawyer and discuss what you want from your divorce.
  2. You will need to provide information about yourself and your family. This includes your marital history, income, assets, debts, children, health, education, employment, housing, etc.
  3. If there are any issues regarding child custody, this need to discuss further.
  4. Once all relevant information has been provided, it is time to start discussing settlement terms.
  5. It is important that both parties agree to these terms so they can move forward with the process.
  6. Negotiations should take place over several meetings.
  7. Both parties must sign off on the final agreement.
  8. If you cannot reach an agreement, then mediation may help resolve the matter.

 

Is Collaborative Family Law Right For Me?

Collaborative family law is becoming increasingly common in Australia. This new form of divorce allows couples to reach their settlement without going through divorce proceedings and the arduous legal process. What does collaborative family law mean for you?

In recent years, Australian courts have become increasingly reluctant to grant traditional divorces. The number of contested divorces has dropped from over 40% in 1985 to less than 20% today. As a result, some lawyers believe that collaborative family law is the way forward.

This is a suitable option if you would like a mutual acceptable settlement without the need for traditional litigation and have an amicable relationship where you can see a common ground. 

 

Why Is It a Good Option?

Collaborative family law is becoming increasingly common in Australia. In recent years, Australian courts have become increasingly reluctant to grant divorces. Collaborative process is a different approach to divorce and is suitable for parties that would like a divorce without litigation. 

The pros and cons of the collaborative process 

Pros

There are several reasons why collaborative divorce is becoming more common in Australia.

  • It helps families stay together after separation, reduces stress and costs associated with litigation, and allows couples to resolve issues before going through court.
  • Clients are present throughout the negotiation process and are empowered to have autonomy in decision making.
  • There are no tactics in this process, rather it is a win-win outcome and not a win-lose at the expense of one party. 

Cons

  • This may not work well for clients with extreme personality orders, mental health problems, ongoing addictive behaviours or risk of domestic violence.
  • There is no authoritative decision-maker in the room.
  • This process relies on the parties to be amicable. 

How is Collaborative Practice Different From Other Forms of Alternative Dispute Resolution?

Collaborative practice is a unique form of alternative dispute resolution that is often utilised in family law disputes. Unlike traditional procedures such as the lengthy litigation process or other forms of alternative dispute resolution, collaborative practice relies on cooperative negotiation and a team approach to resolving issues. The collaborative process is similar to mediation as the purpose is to help the parties reach an agreement. In some instances, there may be the involvement of a mental health professionals to provide the client with the appropriate care. However, the difference is that both parties can have a lawyer present. The collaborative agreement entered into by the parties means that those involved retain access to court processes if they choose to.

 

Why Choose O’Loan Collaborative Family Lawyers To Help You

We are an experienced collaborative law firm helping clients resolve their family disputes. Our lawyers are a dedicated team that are here to help you understand what collaborative law is, how it works, and how it will benefit you. We also offer a complimentary 15-minute phone consultation so you can get started on resolving your dispute today! 

If you’d like to learn more about collaborative law or obtain legal advice, you can contact O’Loan Family Law today for an initial consultation. 

Organise a complimentary 15-minute phone consultation.

We’d love to talk with you and explore how we can help you. Please contact us to organise your complimentary 15 minute telephone consultation.