Here are four primary differences between a traditional, court-based divorce and a collaborative divorce in Western Australia.
During a collaborative divorce, there cannot be litigation surrounding the divorce; it replaces the need for litigation. This is quite the opposite of a traditional divorce which relies heavily on the court system and litigation. So if you are already involved with a court application in your divorce, collaborative divorce may not be an option for your family.
The use of professionals
A collaborative divorce includes a set process that identifies the need for any outside professionals. During a traditional divorce, these professionals can certainly be used, but it is not a set part of the process as it is with collaborative divorce.
As the name suggests, collaborative divorce is intended to bring people together as they go through the intensely emotional process of a divorce. This collaboration goes beyond the divorcing couple and extends to the team of professionals used during this process. Lawyers help deal with legal issues; a financial advisor works on financial matters, and a mental health professional can help with the emotional needs of the divorcing couple and any children. In addition, if there are children with special needs, serious health issues, or other more complicated matters, specific, highly-skilled professionals will be called in to help.
A collaborative divorce generally costs much less than a traditional divorce. This is because there isn’t a need for expensive court costs, as the majority of the work done during a collaborative divorce is done outside of the court, with the family and any professionals working together to come to the best possible solution.
A traditional divorce, along with the litigation that too often accompanies it, can drag on for years. However, with a collaborative divorce, this time is reduced considerably. This is possible because the divorcing couple works through all of their problems and arrangements together with the assistance of their collaborative lawyers and independent professionals.
Is a Collaborative Divorce for You?
As you can see, collaborative divorce is meant to be a holistic approach to divorce. The collaborative team looks at the big picture to assist you to craft a custom plan that meets the needs of each family member, making the process as painless as possible. In fact, many families find that they are better off, emotionally, after a collaborative divorce than before they initiated the divorce process. It can truly be a way to achieve the amicable divorce that eludes too many couples.
“The children love seeing their parents get on well and no longer do they feel like they can’t tell me things which is such a good relief.” Read the rest of this firsthand account of how a collaborative divorce saved this family’s relationship.
If collaborative divorce sounds like the experience you want—you and your ex working together with the advice of caring, neutral professionals—contact me today by filling out the contact form on this page or calling (08) 9214 3887.