Have you considered counselling either for yourself or jointly with your partner?

Counselors can help you work through your problems. You can find qualified counselors in private practice as well as in government and community-based organizations.nDetails of this are set out in the additional help information section of our A to Z of Family Law. This can be downloaded from our websitenCounselling works best if you and your partner attend sessions of your own free will.

If separation is inevitable, what are the decisions you may need to make?

It is necessary to give consideration to the financial consequences of remaining in the relationship or separating from the relationship. Seek advice from a financial adviser. Work out a budget setting out the expenses you will need to cover and required for your day-to-day living and other expenses. There are expenses not only for yourself, but for your children, their schooling, medical and otherwise. n

What arrangements should I make for my children?

Are you to remain in the relationship home with the children and is your partner willing to leave the premises? You must bear in mind that the Court will not force someone to leave their own home unless there are real issues involving the family where children and the parties themselves are being affected by the emotions and the stresses involved in living together.nThe Court will only intervene if such emotional stresses reach a peak whereby the parties or the children are suffering depression and are receiving medical care. The Court will not force someone out of their own home unless it is in the best interests of all concerned that someone should leave.

What is a Collaborative Practice Agreement?

In a Collaborative Practice agreement, the desires of the parties participating in the negotiations are ascertained prior to the first combined meeting with their lawyers and with each other at the time of the early stages of the joint negotiation meetings.nIt is quite common for parties to have the same wishes and goals, which are usually recorded on a whiteboard and which are visible throughout the negotiating process. James Noble Law is an expert firm in Australia that can help to prepare your Legitimate Collaborative Practise Agreement.

What are the Benefits of collaborative practice?

1. You have the benefit of being advised and supported by a lawyer at all times. n2. The outcomes are generally faster than traditional negotiation methods and most certainly quicker than Court outcomes. n3. The outcomes are certain and long-lasting because they are owned by you and your partner, as you assisted in creating the outcomes. n4. The process promotes cooperation in the future, particularly when long-term investments are involved, and when in most cases you would have a close association in the children’s lives. n5. Negotiations are reached in a dignified and respectful way. n6. The outcomes are often tailor-made and more creative providing fairer settlements.

Mediation is another form of alternative dispute negotiation which may be suitable for you. Again, it is a voluntary process. However, the Family Court may order mediation if you do instigate proceedings in the Court. Normally, in mediation, you are represented by your own lawyers. The difficulty with mediation is that you will have one version of the dispute and your partner may have a different version to your own. The Mediator is only there to assist with you in negotiation. The difficulty is in bringing together the two opposing views given to your respective lawyers. The mediator’s role is to assist with communication between yourself and your partner so that you may have open discussions in negotiating a settlement.

Cost of alternate dispute resolution Archives

12 Sep 2022

Uncertain Times?

Family Law, Financial Law
James Noble

We are heading into uncertain times The impact of the war in Ukraine and the affect on our economy The high cost of living Rising interest rates Inflation How is this affecting me? Am I able to financially care for my family? How is this affecting my partner and my family's relationship? Is the stress too much to bear? Hopefully, there is a solution But what if it becomes too much and causes a breakdown in your relationship with your...

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