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 the full-on court route and the court makes decisions for you.
You might not like the court imposed decision. Some people prefer the full-on court route, because it takes the decision making process out of their hands.
Some people are just not suited to being reasonable and don’t want to have input into the outcome.
If that is what you prefer or you are sensible enough to declare at the very beginning of the process that you are not wanting to be reasonable and have input, then the collaborative process is not for you.
What the collaborative process is all about is participating in the process in a sensible and logical way. You get to do this with the help of your lawyer.
Hairy-chested nonsense, a lack of willingness to participate and be reasonable and you immediately rule yourself out of the collaborative process.
If you start the process and it breaks down and then takes the court route, then the lawyer who acted for you in the collaborative part of the process must withdraw.
So, just take a moment and really think the process through. Is the collaborative process for you and your former partner?
If the process is for you, then set about detailing your wishes and then speak to your lawyer.
Give Lesley Powell of Milburns Law [4125 6333] or Don Gayler of Gayler Legal [4124 7100] a call. They will be happy to discuss the collaborative option with you. Lesley and Don are both experienced lawyers who have the best interests of their clients at heart – they are caring, have integrity and a real desire to assist you through these difficult times.