Collaboration vs. Courtroom

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There are a lot of incorrect assumptions when it comes to divorce and separation.

One common misconception is that once you separate in order to finalise a property settlement you must go to court, this is entirely incorrect.

It is only one method of dispute resolution but there are many others that are known as alternative dispute resolution (ADR) processes.

Other ADR processes offered by Divorce Lawyers in Perth, such as mediation, collaboration and arbitration, are becoming increasingly popular for separating couples who would like to avoid the often lengthy, and costly, traditional court process – as well as maintaining a good relationship afterwards, particularly if there are children involved.

CONTROL:

When you are in a courtroom, the Judge controls the process, proceedings and decisions.

VS.

In the ADR process, you and your former partner, with the input of your respective Divorce Lawyers in Perth, will have control over the decisions, process and timelines.

PRIORITIES:

In the courtroom, if you are only seeking a property settlement, the focus of litigation is financial only and the arrangement for the children are not discussed or significantly relevant.

VS.

You and your spouse can set priorities together and deal with them in a considered and timely approach, this will help you approach the separation from a holistic approach.

OUTCOMES:

With litigation, it is common for neither party to be satisfied with the outcome of the case. This process can often add further tension to the relationship and can make it harder to co-parent knowing that neither of you is satisfied with the court’s chosen course of action.

 VS.

Collaborative decision making means you are more likely to find a solution and compromise together to ensure you are satisfied with the outcomes. This can hopefully lead to clear communication and harmonious co-parenting and studies show that people are more likely to stick to the agreement than if they were ordered by the Court.

When it comes to advice on divorce, we are the Family Law Experts in Perth and will work with you to find out the best option for you to proceed with.

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