Caldwell Martin Cox Solicitors : Family Law : Collaborative Law
The area of Family Law is constantly changing with substantial amendments to the Law occurring every year.
There is however one constant statistic that has stood the test of time and the many changes in Law from the old Matrimonial Causes Act and the various versions of the Family Law Act, since it was enacted in 1975.
Of all the cases filed in the Courts, only approximately 5% need a Judge to determine the outcome.
Litigation is expensive, stressful and uncertain. It can also involve considerable delay with Courts not allocating final hearing dates until approximately 12 months after proceedings have been commenced. It is also common for a Judge or Federal Magistrate not to deliver a judgment for up to several months after a hearing takes place.
Over the years, the role of competent Lawyers has been to assist separated spouses achieve negotiated solutions to avoid litigation unless it was necessary. One disadvantage of the traditional negotiation model was that if negotiations broke down, one or both parties would resort to litigation to force an outcome which significantly increases the legal fees of both parties.
Several local firms of Solicitors in the Macarthur Region have formed the Macarthur Collaborative Law group. Collaborative Law is an approach to resolving family law disputes which involves both spouses and their Solicitors signing a legally binding contract which requires outstanding issues to be resolved without going to Court. Not every case is suited to the Collaborative Law process.
A successful outcome using the Collaborative Law approach requires the following from both spouse and their Lawyers:
- Commitment to negotiation without resorting to litigation.
- A financial commitment to the legal fees incurred in the Collaborative process. (Part of the Collaborative Law Agreement states that all documents produced during the process are protected by confidentiality and if litigation does occur, you need to instruct a new firm of Solicitors. No documents from the Collaborative Law process such as valuations or accounting reports can be used in any subsequent litigation.).
- You and your spouse need to be prepared to reach a compromise on areas which are in dispute.
- You and your spouse need to be completely frank and honest with each other in relation to disclosure of all relevant financial details.
Collaborative Law is not appropriate in places where:
- One or both spouses are not willing to compromise.
- One or both spouses are not willing to make full and frank financial disclosure.
- One or both spouses are not willing to co-operate with each other.
- One or both spouses has an intention to "have their day in Court".
- Where there has been violence in the relationship.
- Where one spouse has either dominated or attempted to dominate the other spouse either during the relationship or after separation.
What happens if Collaborative Law does not work for me?
As stated above, the Collaborative Law approach requires a legally binding contract to be signed by both spouses and both firms of Solicitors that legal proceedings will not be commenced while the Collaborative Law process continues. The Collaborative Law participation agreement sets out matters that need to occur if the Collaborative Law process is not successful and litigation needs to be commenced by one of the spouses.
If litigation is commenced after the Collaborative Law process has commenced then the expenses that have been incurred during the Collaborative Law process cannot be recovered.
Therefore, the Collaborative Law approach should only be considered by you if both you and your spouse are suitable participants in the process.
Advantages of Collaborative Law
If you and your spouse are able to participate in the Collaborative Law process then you will benefit from:
- The fact that the settlement process is client driven.
- Settlement discussions can continue at a pace determined between you, your spouse and your Lawyers.
- You are not constrained by arbitrary dates imposed by a Court (in litigated matters, nomination of future callover dates by Courts means that in many cases nothing further occurs in a matter for several months).
- The final resolution of all outstanding matters can occur much faster than if litigation is commenced.
The Macarthur Collaborative Law Group
The current member firms of the Collaborative Law Group are listed below. All of the Solicitors who are members of the group are Accredited Specialists in Family Law. The contact details of the Solicitors are:
Bill McGookin
Caldwell Martin Cox Solicitors
Suite 3, Level 1, 320 Camden Valley
Way, Narellan
Telephone: 4647 8348
Sean Cahill
Meehans Solicitors
171-179 Queen Street, Campbelltown
Telephone: 4627 3333
David Duncombe
Dignan & Hanrahan Solicitors
3rd Floor, 121 Queen Street, Campbelltown
Telephone: 4625 3755
Tom Reeve
Marsdens Law Group
Cnr. Queen & Dumaresq Streets, Campbelltown
Telephone: 4626 5077
Visit our Reading Room for more information on Family Law issues.
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The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.
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