Couples often want to mitigate all the issues related to children and finances during a divorce, without stepping into the court. Currently, the court system is undergoing sufficient pressure. Most courts are getting closed and have reduced resources, which results in delays. Even the public funding got removed for the legal cases where there’s a chance to harm children and adults. The hearings might not take place in private. Also, there might be no judicial continuity, and you have to face different judges on every heating. And once the couple is in court, it can be challenging to move out, unless there’s an agreement for it.
Today, couples want to know the way their problems will get resolved. They prefer private, organized systems that are cost-effective. Keeping this in mind, most family law firms and attorneys try to work the solutions catering to the client’s needs. To know more about this, you can check out StrategicFamilyLawyers.com.au. Some of the multiple options are:
1. A unique separation model
The family law firms today wish to cater to couple requirements and develop a unique way to resolve matters. It helps in promoting early resolution and reduces the chances of a conflict. It also minimizes expenses, maximizes speed, and allows couples to have access to a competent team that can help with the divorce proceedings better.
2. The mediation processes
It involves an independent mediator who will help in the couple’s negotiations and discussions. Their job is to try and guide the couples towards a peaceful resolution. These mediators help to resolve pressing matters related to children, finances, and other agreement concerns. At times, couples need to meet trained mediators for a few times to resolve the issues.
Every negotiation is confidential, and it can’t get referred to in the later court proceedings. Each person will have their attorney to act as an in-between during the mediation sessions. They would step-in matters that need more investigation and data to resolve a settlement proposal.
3. The arbitration processes
It is a unique way of resolving disputes. Here couples have their solicitors. The couples can instruct their Arbitrator to create a binding decision on particular matters associated with your current situation. Else they can help with the final decision as well. You can appoint your family arbitrator privately who can assess all the documents and be witness to the submissions from the lawyer. Arbitrators can help in pressing issues related to child custody, property matters, and financial matters.
4. The financial dispute resolution (FDR) hearings
The court FDR is an essential court appointment for the financial proceedings in a separation. When the data gets exchanged concerning the finances, the settlement proposal gets filed for each person. The couples and legal teams need to be there at the appointment and meet the FDR judge, who provides his/her decision on their legal matter. The couple will know if they still have to make court visits at the court.
Simply speaking, collaborative divorce would take place when a couple has decided to work out their divorce settlement without visiting a court. If you are thinking in terms of the collaborative divorce, both your husband and you would be required to hire a divorce lawyer who has specialized in collaborative divorce processes. You must realize that the role and responsibility of an attorney in the case of the collaborative divorce would be pretty different as compared to a conventional divorce. Each lawyer would be advising and assisting their client while negotiating a divorce settlement agreement.
You are supposed to meet and consult your attorney separately but you are also required to meet your hubby and his lawyer. We need to understand that the collaborative process may need to involve some other professionals who are neutral like divorce financial planner and a therapist or coach. The responsibility of a divorce financial lawyer would be helping both of you to resolve your financial issues. A therapist could successfully guide you and your ex-partner through child custody. He may give you the necessary support to tackle emotionally charged issues.
In this divorce process, you are required to sign an agreement along with your husband and the respective lawyers that in the event a settlement could not be reached then both the lawyers would withdraw from your divorce case. In such an event, both of you would need to appoint new attorneys and initiate the process all over again. Neither you nor your hubby could hire the same attorney. This legal process seems to be less expensive and much quicker as compared to conventional litigation provided the collaborative procedure works.
This divorce option seems to be the most popular and common. Currently, the majority of couples opting for divorce are choosing this conventional model. Remember litigated does not automatically imply that the divorce would be ending up in the court of law. In reality, most of these cases are successful in reaching an effective out-of-court settlement. Litigation is supposed to be a legal term implying carrying out an important lawsuit.
In 80% of divorce cases, we find that the decision to seek a divorce is unilateral. It implies that only one party is looking for it and the other party is not. This results in an adversarial condition right from the beginning and usually, disqualifies both collaborative and mediation divorce because both these procedures depend on the complete teamwork and cooperation of both the husband and wife. These methods necessitate disclosure of all information associated with finances voluntarily.
The most challenging and crucial parts of all divorce cases are reaching a consensus on child custody, alimony payments, division of liabilities, and assets. Even though you would be looking for a competent and highly-skilled negotiator as your attorney, it is a wise decision to steer clear of someone who is excessively combative, always prepared to fight over something or the other. An extremely contentious attitude would be prolonging the pain and raising your total legal fees. Moreover, it would be emotionally detrimental particularly to kids.
These are a few of the options that couples can exercise and opt-in for concerning a divorce. The family lawyers and law firms are always trying their best to seamlessly help couples address their separation proceedings.