If you elect to resolve your partnership breakdown by the collaborative law process then this will involve both you and your partner. The collaborative family law resolution process cannot work without the participation and co-operation of both you and your partner. Adopting a co-operative approach will be critical to a successful outcome. Both you and your partner will each have a lawyer. They will work with you to resolve your dispute but remember this, above all, goodwill and a determination to resolve issues in a fair way for the benefit […]
Choosing a family lawyer is one of the most important decisions to be made in the event of a breakdown in your relationship. Making the wrong choice can make or break any desire you have for a low cost amicable process. Whether it’s about property or parenting or both, you need to be sure that the family lawyer you choose will give you sensible accurate advice; after all, this is about you and your partner and most importantly your children, if you have them. Your lawyer has no personal interest […]
Client Story – Trying to Go the Collaborative Route (We’ll call this client Mandy, to protect her identity) In 2006 I finally asked my husband of 23 years for a divorce. Earlier in 1995 we had separated physically and financially with orders as to a property settlement being filed in the Family Law Court. As a woman, this gave me a sense of security knowing that I finally had something of my own and I could get on with my life and raise our three young children. As parents, we […]
If your relationship is ending or has ended, then how you document the terms of your separation (which includes property arrangements) will fall under one of three types: You do not document the arrangements at all; You enter into an informal arrangement (which might be documented by you and your partner) which will deal with matters you consider to be important. Whilst being of some evidence of the parties intentions in any future dispute in a court, these documents will generally have no legal effect and are unenforceable. Formal legal […]
A careful and considered approach, which will require a great deal of thought on your part – are key to deciding if the process is right for your situation. Get rid of the anger – we know you are hurt and asking questions as to how it all came to this. If you have reached that point in your relationship where it cannot logically continue and the end is here or in sight, then anger and the other emotions attendant on a relationship breakdown are just a waste of time […]
Making use of the collaborative process to sort out property and parenting issues in a relationship breakdown makes good sense. Not only from a personal and health point of view, but also from a financial one. But is the collaborative process one that will suit you? The collaborative process is in essence one where you and your former partner make decisions. Decision made with the assistance of trained lawyers who know the pitfalls of adopting a combative approach to resolution of property and parenting issues. The alternative is to go […]
Some of us are blessed with children – some are not. Some of us will suffer the unfortunate circumstances of a relationship breakdown – some might not. Statistical data suggests that the chance of a relationship breakdown is about the same for married and non-married couples – you have one chance in two. So, if you are unfortunate enough to suffer a relationship breakdown, then before you take the wrong turn on the course to resolution of property and parenting matters, just stop for a moment and consider your position […]
Parenting orders are written with the best interests of the children in mind. That doesn’t mean, however, that they always get a say in what is included. There was a recent case that took place in the High Court of Australia, highlighting this fact. The case revolved around two teenage boys, who wanted to go live with their father in New York. Their parents had split and were sharing custody of the children. It was amicable enough; the boys lived with their father and the sister their mum. The current […]
When it comes to separation, whatever the circumstances, the one thing to keep in mind, is ‘ ‘what is best for the children?‘. Matters for consideration will generally relate to aspect in the context the risk of potential emotional trauma, continuation of stability in their home life and how to parent the right way. Emotional trauma can impact on your children even if you and your partner are very aware of the risks to your children of conflict and you both do your very best to avoid conflict. Circumstances which […]
When you or your partner don’t want the relationship to be over, how do you both cope? As I always tell my clients, the relationship is over when your partner says it is and there is nothing you can do about it unless your partner is willing to join you in a concerted effort to restore it or find out what is going wrong. I find myself saying this to my clients far more than I am comfortable with, but it’s so true. If your partner is not a willing […]
