Going through a divorce is painful enough because it signifies the dissolution of a marriage. Having said that, our Family Solicitors appreciate that the whole process can often be made significantly worse since the majority of what happens is subject to the legal system. In order to steer clear of most of the added anxiety, pressure and costs, it's possible to work towards a collaborative divorce process when you and your partner agree.
Exactly What is the Process of a Collaborative Divorce
It can be a very demanding thing to have to go through the painful process of obtaining a divorce from your husband or wife. It is usually painful, it's hard and it's frequently public. A sensible way to prevent some of these complications is to try using a collaborative divorce process rather than a traditional one.
A conventional divorce process will involve you going to court where you will need to accept the final decision of a judge. A collaborative divorce process will usually only involve you, your spouse and your legal representatives. You'll take part in several meetings with all parties present to reach an arrangement.
Lots of people confuse using a mediator with the collaborative divorce process, however they are not the same. A mediator is unable to provide you with any legal advice. But, while using the collaborative divorce process, since both spouses have their legal representatives present, legal counsel can be given.
Taking care of your divorce in this fashion can help to keep costs down and also reach a conclusion a lot faster than if you use the traditional approach to get your divorce.
Collaborative Divorce & its Benefits
Men and women don't usually like to think about marriage as a legal process, yet it is. Because of this the whole process of dissolving a marriage is also a legal matter. It's possible you'll learn about a number of divorces which are really fast, however it's more likely to drag out for some time.
As everybody knows, when you get mixed up in the legal system, almost everything becomes a great deal more complex. As soon as the legal system becomes involved, there will be more details to take care of as well as court dates to be arranged. And then, every time your husband or wife makes a new proposition to your arrangement, there is a waiting period in order to obtain a response from them, further court dates to review the proposal, and so on.
Every single step of the divorce process that you need to move through because of the regulations of the legal system might hold up your divorce process. But, that's not the only issue which may be a problem for you. The longer it's going to take for the whole process to become finalised, the greater amount of work your solicitor will be required to do. Which means you might have to pay your solicitor more than you expected.
When Should You Think About a Collaborative Divorce Process?
It is advisable to think quite hard before committing to a collaborative divorce process. It is not likely to be successful for every couple which means that there will be various factors you will need to consider.
For this whole process to work, both parties have to be in complete agreement from the beginning that they plan to reach an arrangement that is fair to both parties and put the requirements of any kids first. The process will not be successful when one or both spouses are out to get more than they're due from the divorce process. If you feel that is the mindset of your husband or wife, you really should follow the more traditional route.
You could possibly benefit from the collaborative divorce process when you truly believe an arrangement can be reached nevertheless, you would like additional help and legal counsel to make sure that your best interests are being appropriately represented.
A collaborative divorce process can save both parties a lot of money and time. Also, it is an excellent way to preserve a civil relationship with your future ex-partner.
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