How to avoid an expensive divorce

Whether rich or poor, young or old, a divorce can be devastating to both the heart and the wallet. However, divorce doesn’t have to be a long, painful and costly endeavour.

The following options are available and may well be more appropriate to meeting your needs over a traditional divorce process.

MEDIATION

Family Law Mediation is a legal, voluntary and confidential process for resolving disputes in which a neutral third party (the mediator) helps conflicting parties find a mutually satisfactory outcome. The positive outcomes of using mediation is that it provides both parties the opportunity to resolve their disputes respectively, peacefully and privately.

The advantages of mediation:

• Time and cost effective
• Non-confrontational atmosphere
• Outcome is in the control of the disputing parties, not the courts
• Confidential
• Focused on fairness and a mutually satisfactory outcome
• Encourages future cooperation between parties

When mediation is not appropriate:

• When either parties isn’t willing to cooperate productively to resolve their issue(s)
• One party isn’t equally informed about the mediation process
• There is physical/emotional abuse
• Judgment is impaired (i.e. drug/alcohol addiction)
• A spouse is hiding assets

Remember, if you find mediation isn’t working, you can stop at any point and proceed with a traditional divorce.

COLLABORATIVE FAMILY LAW

The Collaborative process enables the clients to determine what happens and when, ensuring a timely outcome. It is often more cost effective. A traditional Divorce may cost each client upwards of $20,000 and many sleepless nights. Collaboration expedites resolution with consequent cost savings.

By agreeing not to go to Court, parties keep control of the process from the start.

Clients take responsibility for their future directions, in a supported negotiation with legal advice. All the work is done with the clients present, working with the lawyers, in a team approach to negotiate the best possible outcome for the whole family, which is acceptable to everyone. There is no lawyer negotiation in the client’s absence.

The advantages of collaborative law:

• Your control of the process
• You are supported at every step by trained professionals
• Confidentiality and privacy
• Future rather than past focused
• Interest based not adversarial negotiation
• Ability to prioritise the children’s interests
• Creating a win / win solution

When collaborative law is not appropriate:

• Any concerns either party may have about being in the same room as their former partner, or negotiating with them
• Lack of trust between the parties
• If either party is unable to demonstrate empathy for their former partner
• If either party is unable to articulate what is important to them, and what they want to achieve
• Any drug/alcohol dependency or other addictive behaviours of either party.

At Resolve Conflict, our first and foremost interest is ensuring a fair and respectful outcome for our client’s future without involving Court action.

If you have any further queries concerning the above legal processes and other options available to you, please do not hesitate to contact our us on (03) 9620 0088 or email info@resolveconflict.com.au